Lexology September 26, 2023
Ankura Consulting Group, LLC

On September 5, 2023, the United States Government Accountability Office (GAO) published its report titled Medicare Part D: CMS Should Monitor Effects of Rebates on Plan Formularies and Beneficiary Spending.[1],[2] The report discusses the GAO’s assessment of Medicare Part D and the “function of rebate arrangements in pharmaceutical markets, including their effect on drug spending, utilization, and competition.” Upon completion of their review, the GAO recommended that the Centers for Medicare and Medicaid Services (CMS) “should monitor the effect of rebates on plan sponsor formulary design and on Medicare and beneficiary spending to assess whether rebate practices are likely to substantially discourage enrollment by certain beneficiaries.” The Department of Health and Human Services (HHS) did not concur with the GAO’s...

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