New CMS Medicare Drug Price Guidance: Navigating Price Negotiations, 340B Drugs, CMPs for Violations

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Health
- event Date
Wednesday, June 7, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide healthcare counsel on the new CMS guidance on the Medicare Drug Price Negotiation Program. The panel will examine the guidance, discussing the drug selection criteria and the negotiation process. The panel will also address other areas of guidance and offer best practices for navigating drug price negotiations.
Faculty

Mr. Schnelle delivers business-focused legal solutions to investors and business operators in the US healthcare market. He is particularly focused on legal matters involving healthcare providers and suppliers, equipment and device manufacturers and suppliers, pharmacies, health tech and digital solutions providers, and market innovators. Mr. Schnelle regularly assists clients with matters involving government and commercial payor audits and investigations, administrative appeals and investment strategies for assets in dispute with government or commercial payors.

Ms. Alexandre counsels clients across the healthcare industry with a particular focus on entities in the managed care arena. She routinely works with health plans, health maintenance organizations, private equity funds and vendors, helping them navigate complex regulatory schemes and facilitate business objectives.
Description
In March 2023, the CMS issued guidance related to the implementation of the Medicare Drug Price Negotiation Program. The guidance provides the criteria for the selection of the drugs subject to negotiation. Under the negotiation program, Medicare is permitted to negotiate prescription drug pricing. The guidance also provides the program's requirements.
Negotiated prices are referred to as the drug's maximum fair price (MFP). Manufacturers of drugs with MFPs must provide pharmacies and other dispensers access to the MFPs for the drugs they dispense to those enrolled in Part D plans. Similarly, Part D plans must provide their enrollees with access to the MFPs.
The guidance sets forth requirements for manufacturers subject to the 340B program and what must be provided to 340B covered entities. Further, the guidance describes the process for the issuance of CMPs for violations under the negotiation program. Manufacturers that do not comply with the program's requirements could pay a stiff price and be removed from Part D or Part B coverage and excise tax liability.
Listen as our authoritative panel of healthcare attorneys examines CMS' guidance for the Medicare Drug Price Negotiation Program. The panel will discuss the drug selection criteria and the negotiation process. The panel will also address other areas of guidance and offer best practices for navigating drug price negotiations. The panel will frame the discussion with the precedent changes to the Medicaid drug rebate program in the American Rescue Plan Act, as well as the newly announced Center for Medicare and Medicaid Innovation (CMMI) drug pricing models.
Outline
- American Rescue Plan Act
- Medicaid inflation rebate changes
- Medicare Drug Price Negotiation Program guidance
- Drug selection criteria
- Negotiation process
- Additional guidance
- Negotiations related to 340B drugs
- Issuance of CMPs for violations
- Best practices for navigating drug price negotiations
- What's on deck: Center for Medicare and Medicaid Innovation Models
Benefits
The panel will review these and other key issues:
- What drug selection criteria does the new CMS guidance set forth?
- How will this development affect drug pricing going forward?
- How will drug negotiations change drug pricing strategies?
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