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CMS Proposes New Rules for Calculating Average Sales Price for Medicare Part B Drug Reimbursement

The Centers for Medicare & Medicaid Services (“CMS”) released the Calendar Year 2026 Medicare Physician Fee Schedule (“PFS”) proposed rule on July 16, 2025. (See...more

Under Biden Administration, Will Federal Drug Pricing Transparency Efforts Continue to Outpace State Laws?

During 2019 and 2020, states enacted fewer laws requiring drug manufacturers to disclose pricing and related information. Initially, the slowdown may have been due to federal actions to rein in drug prices through the Trump...more

Federal Drug Pricing Transparency Efforts Outpace State Laws Requiring Drug Manufacturer Price Reporting for the First Half of...

During 2017 and 2018, states took the reins in terms of enacting laws compelling drug manufacturers to disclose drug pricing. State activity has slowed during the first six months of 2019. Instead, during the first half of...more

What’s Happening with Drug Manufacturer Pricing Disclosure Law?

After identifying recent federal efforts that would require drug pricing transparency, this article discusses two state laws enacted recently. Thereafter, the article assesses previously enacted state laws requiring drug...more

States Pass Fewer Drug Manufacturer Pricing Disclosure Laws in 2018

Merle M. DeLancey Jr. While the introduction of state legislation that would require drug manufacturers to disclose pricing and other information did not slow down in 2018, the number of bills that were made law did slow...more

Drug Manufacturer Pricing Disclosures: Mid-Year 2018 Update

Earlier this year, I commented on state drug pricing transparency laws in effect and/or enacted during 2017. I also opined that it was likely more states would pass similar transparency laws requiring drug manufacturers to...more

New Medicaid Rebate Agreement

On March 23, 2018, the Centers for Medicare & Medicaid Services (“CMS”) announced the introduction of a new Medicaid National Drug Rebate Agreement. The new Agreement incorporates legislative and regulatory changes,...more

2017 Was a Busy Year for State Imposition of Drug Manufacturer Price Disclosure Obligations and 2018 Isn’t Looking Much Better

Although several bills were introduced in Congress and President Trump has complained that drug prices are way too high, during 2017, the federal government did not pass any law nor implement any policy requiring drug...more

Targeting Generic Drug Prices

For years, states and the federal government focused their drug pricing enforcement efforts on higher priced and more expensive branded drugs. Not surprisingly, private qui tam lawyers followed on the coattails of these...more

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