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BioWorld - Monday, March 30, 2026
Home » Topics » Regulatory » CMS

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US CMS proposes more Medicare flexibility to increase biosimilar competition

Nov. 7, 2023
By Mari Serebrov
In another step that blurs the distinction between biosimilars and interchangeables, the U.S. Centers for Medicare & Medicaid Services (CMS) is proposing a rule to give Medicare Part D plans more flexibility to substitute biosimilars for the reference biologics so Medicare beneficiaries can have timelier access to the lower-cost drugs. The rule would permit the plans to treat the biosimilar substitutions as “maintenance changes” that don’t require prior Medicare approval. Such changes would enable the substitutions to apply to all enrollees – and not just those who begin the therapy after the effective date of the change.
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U.S. flag, stethoscope

Cook’s Echo Tip comes up short in Medicare outpatient final rule, but Philips’ Cavaclear scores

Nov. 7, 2023
By Mark McCarty

The U.S. Centers for Medicare & Medicaid Services (CMS) has wrapped up its rulemaking for the outpatient prospective payment system (OPPS) for calendar year 2024, bringing some good news and some bad news for the medical device industry. While Philips North America came home with a new technology pass-through (NTPT) payment for its Cavaclear device, Cook Medical Inc., was less fortunate with its Echo Tip device as CMS declared that the Echo Tip did not satisfy the substantial clinical improvement criteria for transitional pass-through payment.


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Money and pills

Patients warn US CMS of unintended consequences of Rx negotiations

Oct. 30, 2023
By Mari Serebrov

Most of the patients and advocacy groups speaking at the first of 10 public listening sessions questioned the Biden administration’s talking points that U.S. Medicare’s prescription drug price negotiation will be good for beneficiaries because it will improve access to costly drugs by lowering prices.


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Seesaw with pill bottle and coins

With no injunction, US Rx price negotiations begin

Oct. 2, 2023
By Mari Serebrov
Even as the court challenges continue, the first round of U.S. government price negotiations for selected Medicare Part D drugs officially began Oct. 1 with manufacturers of those drugs having to sign agreements to participate in the process. While the Centers for Medicare & Medicaid Services had yet to disclose, as of press time, how many manufacturers signed the negotiation agreements, all the companies with selected drugs reportedly had indicated they would sign by the deadline even as they pursue litigation.
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Patients urge FDA to work with CMS on coding issues for health equity purposes

Sep. 22, 2023
By Mark McCarty
The U.S. FDA’s Sept. 6 hearing of the Patient Engagement Advisory Committee (PEAC) tackled the question of health equity, a discussion that touched on several issues such as accessibility. One of the committee’s recommendations was that the FDA assist the Centers for Medicare & Medicaid Services (CMS) with the latter’s task of developing codes for payment, not the kind of task to which the FDA is typically assigned.
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Bipartisan momentum gathering for reforms of US Medicare program

Sep. 20, 2023
By Mark McCarty
The U.S. Centers for Medicare & Medicaid Services is once again in the crosshairs thanks to issues related to pharmacy benefits managers and coverage of novel medical devices, with Congress mulling over two dozen pieces of Medicare-related legislation.
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U.S. Capitol building, Washington D.C.

Bipartisan momentum gathering for reforms of US Medicare program

Sep. 19, 2023
By Mark McCarty
The U.S. Centers for Medicare & Medicaid Services (CMS) is once again in the crosshairs thanks to issues related to pharmacy benefits managers and coverage of novel medical devices, with Congress mulling over two dozen pieces of Medicare-related legislation.
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With no drugs on CMS’ list, Astellas withdraws IRA challenge

Sep. 7, 2023
By Mari Serebrov
Astellas Pharma US Inc. voluntarily withdrew its constitutional challenge Sept. 6 to the Inflation Reduction Act’s (IRA) drug price negotiations.
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Timing is everything in US Rx price negotiations

Sep. 6, 2023
By Mari Serebrov
Forget location. It’s timing, timing, timing when it comes to escaping the first round of U.S. Medicare price negotiations due to pending biosimilar competition. Under the Inflation Reduction Act (IRA), only single-source drugs that have been approved for a specific length of time are subject to the forced negotiations, which focus on drugs with the biggest Medicare spend, not necessarily the highest price tag. Since the IRA gives biologics a 12-year safe harbor from negotiations, which aligns with the biologic exclusivity provided by the Biologic Price Competition and Innovation Act, it creates a scenario in which the innovator could be facing negotiations just as its first biosimilar competition prepares to launch. That creates a lot of what-ifs.
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Court challenges to IRA Rx price negotiations piling up

Sep. 5, 2023
By Mari Serebrov
The queue of lawsuits challenging the constitutionality of the U.S. Inflation Reduction Act’s (IRA) prescription drug price negotiations continues to grow. Novartis AG is the latest drug company, but probably not the last, to join the line. It filed its challenge in federal court in New Jersey Sept. 1, a few days after the Centers for Medicare & Medicaid Services included the company’s heart failure drug, Entresto (sacubitril and valsartan), on its list of the 10 drugs subject to the first round of IRA negotiations.
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