Lexology March 14, 2024
On March 11, 2024, the Biden Administration released its proposed budget for Fiscal Year (“FY”) 2025. Proposals related to Centers for Medicare & Medicaid Services (“CMS”) programs feature prominently in the proposed budget for the Department of Health and Human Services (“HHS”). In particular, the proposals would expand the Medicaid Drug Rebate Program (“MDRP”), lower prescription drug costs for Medicaid and Children’s Health Insurance Program (“CHIP”), and build upon initiatives enacted in the Inflation Reduction Act (“IRA”).
With respect to the MDRP, the administration proposes the authorization of a process through which HHS would be able to negotiate Medicaid supplemental rebates on behalf of states. Currently, states operate either on their own or through multi-state purchasing pools to negotiate supplemental...