In a Bloomberg Law article, health care Margaux Hall, who leads the firms drug price and price reporting group, offered insight on legal challenges that may arise from the Medicaid drug rebate program final rule.
Margaux said that, although CMS did not finalize some of the most controversial provisions of the proposed rule, the final rule still contains some “sea-changes” for industry to contend with. “It makes clear CMS’s “zero-tolerance approach” to any type of misreporting and raises the stakes for any errors in drug pricing or product reporting, said Margaux.
She expects companies will scrutinize the rule to determine whether its provisions are consistent with statute. “If not, they will consider tools to respond, including perhaps litigation,” said Margaux.
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