Families USA Comments to CMS Medicare Drug Negotiation Guidance

On March 15, the Centers for Medicare and Medicaid Services (CMS) released guidance on how they will implement the Medicare drug negotiation process, including how they will develop the “Maximum Fair Price”. Families USA submitted comments supporting several aspects of the guidance, as well as asking CMS to reassess certain decisions.

We believe it is critical for the experiences of the millions of people who rely on Medicare to access affordable prescription drugs to remain the focus of implementation efforts. To that end, our comments provided recommendations across the following areas:

1. Soliciting Public Comments Regarding the Implementation of the Medicare Drug Negotiation Program
2. Section 60.3: Methodology for Developing an Initial Offer
3. Section 40.2.1: Confidentiality of Proprietary Information & Section 60.6: Publication of the MFP
4. Section 40.4: Providing Access to the MFP
5. Section 60.3.4: Consideration of Manufacturer-Specific Data & Section 100.2: Violations of the Agreement
6. Section 50.2: Evidence About Therapeutic Alternatives for the Selected Drug

For any questions, please contact Bailey Reavis (BReavis@familiesusa.org).