CMS proposed rule would rescind Most Favored Nation rule

The Centers for Medicare & Medicaid Services today released a proposed rule that would rescind its November 2020 Most Favored Nation model interim final rule. A federal court last December issued a nationwide preliminary injunction preventing CMS from implementing the model and rule. 

“Given that the nationwide preliminary injunction precluded implementation of the MFN Model on January 1, 2021, as contemplated, that multiple courts found procedural issues with the November 2020 interim final rule, and that stakeholders expressed concern about the model start date, we are proposing to rescind regulations added by the November 2020 interim final rule and remove the associated regulatory text at 42 CFR part 513. … If finalized, our proposal would allow us to take time to further consider the issues identified by commenters and would address the November 2020 interim final rule’s procedural deficiencies by rescinding it.”