Medicare Blog

proposed rule to change how medicare pays for certain drugs

by Miss Velda Hermiston Published 2 years ago Updated 1 year ago
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CMS

Centers for Medicare and Medicaid Services

The Centers for Medicare & Medicaid Services, previously known as the Health Care Financing Administration, is a federal agency within the United States Department of Health and Human Services that administers the Medicare program and works in partnership with state government…

proposes changing the statutory “ASP plus six percent” used to reimburse providers for Part B drugs to “ASP plus 2.5 percent, plus a flat fee payment of $16.80 per drug, per day.” This change would affect a broad definition of drugs, including Part B drugs, biologics, and biosimilars.

On June 15, 2022, a unanimous United States Supreme Court decided in favor of the American Hospital Association (“AHA”) in its challenge to the 2018 and 2019 final rules of the United States Department of Health and Human Services (“HHS”) reducing the amount of reimbursement for outpatient prescription drugs provided ...Jan 18, 2022

Full Answer

What is the new rule for Medicare Advantage and Part D?

CMS is issuing a proposed rule to lower out of pocket Medicare Part D prescription drug costs and improve consumer protections, reduce disparities, and improve health equity in Medicare Advantage (MA) and Part D. An increasing number of Medicare beneficiaries receive services through MA and Part D.

What is the Medicare 2023 proposed rule?

On January 6, 2022, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule entitled “Medicare Program; Contract Year 2023 Policy and Technical Changes to the Medicare Advantage and Medicare Prescription Drug Benefit Programs” (the “2022 Proposed Rule”).

What are negotiated drug prices under Medicare Part D?

Plan D sponsors are required under Medicare Part D to report the “negotiated prices” (currently defined in the regulations in the plural form) for covered drugs to CMS, which are then factored into CMS’s calculations to determine how much a plan beneficiary will pay at the pharmacy counter (i.e., the beneficiary’s cost-sharing amount).

What is the new Medicare Part D price reimbursement policy?

Specifically, CMS is proposing to redefine the negotiated price as the baseline, or lowest possible, payment to a pharmacy, effective January 1, 2023. This policy would reduce beneficiary out-of-pocket costs and improve price transparency and market competition in the Part D program.

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What changes are proposed for Medicare?

The Centers for Medicare & Medicaid Services Friday released a proposed rule that would implement provisions in the Consolidated Appropriations Act of 2021 that revise the effective dates of coverage in traditional Medicare; authorize special enrollment periods for certain eligible individuals; and extend Part B ...

What is CMS Final Rule?

The final rule adds Star Ratings (2.5 or lower), bankruptcy or bankruptcy filings, and exceeding a CMS designated threshold for compliance actions as bases for CMS denying a new application or a service area expansion application.

What came out of the Medicare prescription drug Improvement and Modernization Act?

Since the enactment of Medicare Prescription Drug, Improvement, and Modernization Act in 2003, only insurance companies administering Medicare prescription drug program, not Medicare, have the legal right to negotiate drug prices directly from drug manufacturers.

What are the drug utilization management rules for Medicare?

Utilization management restrictions (or "usage management" or "drug restrictions") are controls that your Medicare Part D (PDP) or Medicare Advantage plan (MAPD) can place on your prescription drugs and may include: Quantity Limits - limiting the amount of a particular medication that you can receive in a given time.

Will Medicare premiums increase in 2023?

After record rate hike this year, Medicare Part B could see a low premium increase for 2023. While Medicare Part B monthly premiums jumped almost 15% in 2022, unexpected savings on a new, expensive drug may mean a much smaller rise in rates for 2023.

Are CMS rules law?

All official CMS rules are published in the Federal Register. In rule texts, CMS outlines how the law establishing the ESRD QIP will be implemented. The rules specify, in part, the following elements of the program for the applicable payment year (PY): Performance standards for each measure.

What was the impact of the Medicare prescription drug and Improvement Act of 2003?

Today the President signed into law the historic Medicare Prescription Drug, Improvement, and Modernization Act of 2003, which will help to create a modern Medicare system, allow for the biggest improvements in senior health care in nearly 40 years, and provide seniors with prescription drug benefits and more choices ...

What was the impact of the Durham Humphrey Amendment?

This amendment established the distinction between so-called legend (prescription) drugs and over the counter (nonprescription) drugs. The amendment also authorized the taking of prescriptions verbally, rather than in writing, and the refilling of prescriptions.

When was Medicare Modernization Act enacted?

December 8, 2003On December 8, 2003, the President signed into law Public Law 108-173, the Medicare Prescription Drug, Improvement, and Modernization Act (MMA) of 2003.

What is a drug management plan?

Use of the National Medication Management Plan (NMMP) The NMMP is used to: allow standardised recording of the medicines taken before presentation at the hospital. reconcile patients' medicines on admission, during intrahospital transfer and at discharge.

What condition must be met for Medicare Part D to pay for a medication?

You must be enrolled in Medicare Part A and/or Part B to enroll in Part D. Medicare drug coverage is only available through private plans. If you have Medicare Part A and/or Part B and you do not have other drug coverage (creditable coverage), you should enroll in a Part D plan.

Which medication would not be covered under Medicare Part D?

Medicare does not cover:Drugs used to treat anorexia, weight loss, or weight gain. ... Fertility drugs.Drugs used for cosmetic purposes or hair growth. ... Drugs that are only for the relief of cold or cough symptoms.Drugs used to treat erectile dysfunction.More items...

What is the Medicare Part B drug payment model?

The proposed rule implements a five-year Medicare Part B Drug Payment Model under the Affordable Care Act umbrella authority given to the Center for Medicare and Medicaid Innovation (CMMI) to test alternative payment and delivery models. The proposal includes aspects that address the Average Sales Price (ASP) add-on for Medicare Part B drugs, as well as aspects that seek to influence drugs’ actual ASP through the application of Value-Based Purchasing (VBP) strategies.

What is CMS VBP?

CMS is proposing to implement VBP tools similar to those that are used by commercial plans, pharmacy benefit managers, hospitals, and other organizations in the business of managing health benefits and drug utilization. CMS proposes several different VBP tools that could be used in the Part B Drug Payment Model, and further proposes the testing of one or more of these tools during Phase II.

Is PhRMA enthused about Medicare Part B?

As might be expected, PhRMA is less than enthused about this change, issuing a statement, “Proposing sweeping changes to Medicare Part B drug reimbursement without thoughtful consideration and stakeholder input is not the right approach and puts Medicare patients who rely on these medicines at risk.”

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