A Closer Look At CMS' Drug Price Disclosure Proposal

Law360 (October 24, 2018, 4:37 PM EDT) -- On Oct. 15, 2018, the Centers for Medicare & Medicaid Services released a proposed rule regarding the disclosure of pricing information in direct-to-consumer television ads for prescription drugs and biologics reimbursable by Medicare and Medicaid. The proposed rule would amend relevant Medicare and Medicaid regulations to require DTC television ads (including broadcast, cable, streaming and satellite communication) of prescription drug and biological products for which reimbursement is available through or under Medicare and Medicaid to include the list price, defined as the wholesale acquisition cost, or WAC, of that drug or biological product. More specifically, the proposed rule would:

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