Lexology December 1, 2022
Key Points:
- A new legal challenge to OIG on Medicare Beneficiaries’ ability to receive co-pay assistance has emerged.
- The Supreme Court has been asked to review HHS’s prohibition of co-pay assistance programs under the Anti-Kickback Statute.
- The patient advocacy groups’ litigation challenging the 2020 HHS Final Rule permitting co-pay accumulator adjustment programs continues to progress.
Stakeholders continue the legal battle to expand the use of co-pay assistance programs. Most recently, there have been three key litigation updates outlined below:
New Legal Challenge to OIG on Medicare Beneficiaries’ Ability to Legally Receive Co-Pay Relief from Charitable Organizations:
On November 9, 2022, Pharmaceutical Coalition for Patient Access (PCPA) filed suit in the United States District Court for the Eastern District...
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