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Making Good Better: How To Improve Medicare Part D

Law360, New York (August 8, 2017, 12:21 PM EDT) -- It is hard to imagine that in 2003, when Congress enacted the Medicare Modernization Act (MMA) and created the Medicare Prescription Drug Program (the “Part D” program), nobody really knew whether beneficiaries would actually sign up. Nor did Congress know whether, or how, the law would actually work.

The CMS administrator at the time, Tom Scully, famously noted that a prescription drug program “does not exist in nature.”[1] In fact, at the time no model existed for a federally subsidized private insurance program, and there was...
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