How Drug Cos. Can Adapt To New Reference Pricing Rules

Law360 (March 5, 2021, 6:08 PM EST) -- The final days of the Trump administration were marked by the publication of a flurry of drug pricing regulations, among the most controversial of which was a regulation that would have purported to test a new most-favored-nations reimbursement mechanism for the top 50 physician-administered prescription medicines paid for under Medicare Part B.

While the regulation is now on hold, it is the most significant attempt to date to use reference pricing to control drug spending. Unfortunately, the attempted implementation of this most-favored-nations regulation may normalize policy discussions in the U.S. around aggressive price control measures for prescription drugs, making such policies...

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