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Episode 54 — Drug Pricing: Focus on Best Price — CMS Proposed Rule, Inflation Reduction Act

September 15, 2023
A proposed rule would alter best price stacking requirements, while the Inflation Reduction Act includes negotiated maximum fair prices in best price.

In a proposed rule issued earlier this summer, the Centers for Medicare & Medicaid Services (CMS) suggested expanding the scope of combining, or stacking, discounts when determining best price. Meanwhile, the Inflation Reduction Act amended the statutory best price definition to include maximum fair prices negotiated under CMS’s new Medicare price negotiation authority.

In this episode of Connected with Latham, partner Chris Schott and associate Danny Machado explain how CMS’s proposed rule on best price stacking differs from past interpretations, and discuss possible ways CMS could implement the Inflation Reduction Act’s statutory change to the best price definition.

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