Chiquita Brooks-LaSure, CMS administrator (Chip Somodevilla/Getty Images)

CMS re­works drug price ne­go­ti­a­tion process with law­suits top of mind

The Cen­ters for Medicare and Med­ic­aid Ser­vices on Fri­day took aim at law­suits filed against its in­com­ing drug price ne­go­ti­a­tions, with new fi­nal guid­ance on how the ne­go­ti­a­tion process will play out, and with some ma­jor tweaks to pro­tect the agency against First Amend­ment ques­tion marks raised in some of those suits.

For in­stance, CMS notes that rather than re­quest com­pa­nies to re­main ab­solute­ly silent on what tran­spired dur­ing the ne­go­ti­a­tion process (the US Cham­ber of Com­merce said in its law­suit, “The First Amend­ment ac­cord­ing­ly pro­hibits the gov­ern­ment from com­pelling pri­vate busi­ness­es to es­pouse the gov­ern­ment’s fa­vored view­points.”), it’s now re­vised the 198-page guid­ance so that,

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