CMS Drops “Stacking” Provision in MDRP Rule


In a major win for the life sciences industry, we were pleased to see CMS release a statement last week acknowledging that they will not finalize the “stacking” provision within the Medicaid Drug Rebate Program (MDRP) proposed rule. The provision would have created a new definition of “best price,” which would require companies to “stack” discounts or rebates provided to entities that encounter the drug unit in the supply chain.

As part of our advocacy encouraging CMS to abandon this harmful provision, CLS sent a letter opposing the rule, encouraged members of the CA delegation to sign a Congressional letter of disapproval, and requested signatures from the small and midsize companies in our membership for a BIO-led letter of opposition.