In a Bloomberg Law article, health care partner Margaux Hall discussed drug manufacturer data protection issues in the newly released Medicare drug price negotiation guidance from the Centers for Medicare & Medicaid Services. CMS has proposed and invited input on its process of collecting data from drug manufacturers to help inform negotiations on the maximum fair price that CMS would pay for some of Medicare’s highest-cost drugs.
Margaux explains that much of the data that the Biden administration Inflation Reduction Act calls for, and CMS intends to investigate, is confidential, proprietary information that, historically, has been closely guarded by drug manufacturers. While CMS has set forth a general process to safeguard various information, she expects there will be concerns about the thoroughness of protections under this process.
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