New Confidentiality and Transparency Provisions Are Critical to Successful Medicare Drug Price Negotiations

Commonwealth Fund October 13, 2023
Kate Meyer, Jeremy Sharp

TOPLINES

Successful Medicare drug price negotiations will depend on two conflicting demands: a need for confidentiality from manufacturers and a request for transparency from the public

The Centers for Medicare and Medicaid Services says it will not discuss ongoing negotiations over prescription drug pricing unless the manufacturer does so first

The Centers for Medicare and Medicaid Services (CMS) is implementing the new prescription drug price negotiation program established by the Inflation Reduction Act. Part of this process will be managing confidentiality and transparency. After hosting stakeholder meetings with manufacturers, advocates, and researchers, and reviewing more than 7,500 public comments, CMS released final negotiation guidance in July. Drug manufacturers wanted assurance from CMS about confidentiality regarding proprietary information, with few restrictions...

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