Alliance for Aging Research Files Brief Encouraging Federal Court to Delay Implementation of Administration’s Most Favored Nation Rule
"Ten months into the worst pandemic the
The MFN Rule bases the purchase price for 50 prescription drugs paid for by Medicare Part B on the lowest cost found in comparable
- The MFN Rule exceeds CMS' authority and illegally implements a change in law under the guise of a "model" demonstration project through the
Center for Medicare and Medicaid Innovation ; - By publishing the regulation as an "interim final rule," CMS illegally avoided important notice and comment rulemaking requirements of the Administrative Procedure Act. The deadline for public comment is
January 26, 2021 , almost four weeks after the MFN model's effective date ofJanuary 1 ; - According to CMS' own data, the MFN rule relies on a 9 to 19 percent reduction in patient utilization of the MFN Part B drugs to generate savings, meaning government savings are achieved by depriving patients of access to critical medications they receive today and need to cure potentially fatal conditions, including cancer treatment;
- Many of the included medications do not have comparable alternative treatments, so the MFN Rule will create conditions akin to drug shortages (such as when product is not available to patients in need due to supply chain interruptions). These shortages will result in increased patient mortality, adverse drug reactions, and hospitalizations.
Additionally, the MFN Rule would effectively endorse the use of discriminatory cost-effectiveness standards often used by the very
In 2019, the
The Alliance advocates on behalf of all older Americans and therefore has a deep interest in the outcome of this matter. As a result, the Alliance filed this brief so that the court will be apprised of the irreparable harm that the MFN Rule will cause for older adults.
The Alliance thanks
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