CMS Releases Final 2027 IRA Negotiation Guidance

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 On October 2, the Centers for Medicare & Medicaid Services (CMS) released final guidance outlining how the agency will implement the Inflation Reduction Act’s (IRA) Medicare Drug Price Negotiation Program (the “Program”) for initial price applicability year (IPAY) 2027, the second year for which CMS-negotiated prices will apply. The final guidance also provides more clarity on how manufacturers of drugs selected for both IPAY 2026 and 2027 will make their drugs available to Medicare beneficiaries and dispensing entities at the negotiated maximum fair price (MFP), including through two separate functions provided by a Medicare Transaction Facilitator (MTF). 

For IPAY 2027, CMS will select an additional 15 Part D drugs for negotiation by February 1, 2025, and begin negotiating their MFPs with manufacturers in the summer of 2025. As in the draft guidance, the final guidance made no major changes to the CMS policies for drug selection, including that multiple products with the same active ingredient/moiety are considered the same “drug,” or that CMS will require a branded drug to have “bona fide” generic or biosimilar competition in order to avoid selection under the Program.  
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