Trump Administration Proposes Rule to Close Medicare Drug Price Negotiation Loophole
The Trump administration has proposed a new policy change aimed at preventing drugmakers from circumventing Medicare's drug price negotiation process. This rule specifically targets strategies where manufacturers might add active ingredients to drugs to avoid negotiation. The proposal is part of an annual rule outlining the Centers for Medicare and Medicaid Services' selection process for the next 20 drugs and biologics slated for price negotiation.

The Trump administration on Friday proposed a policy change designed to prevent drug manufacturers from avoiding Medicare price negotiation. The proposed rule specifically addresses instances where drugmakers might add active ingredients to products as a means to bypass the negotiation process.
This policy is included in an annual proposed rule that outlines the methodology the Centers for Medicare and Medicaid Services (CMS) uses to select the next 20 drugs and biologics for price negotiation. These selected drugs are expected to be announced by February 1, 2027, with their negotiated prices taking effect in 2029.
Medicare typically waits between seven and eleven years after a product receives approval from the Food and Drug Administration (FDA) before it can initiate price negotiations. The duration of this waiting period varies depending on the type of medicine, with biologics, which are often administered in doctor's offices, typically receiving a longer deferral period compared to orally taken drugs.
The administration had previously considered a similar policy last year but decided to postpone a final decision to allow for further study.
According to STAT News, this move represents a revisited effort to address potential loopholes in the Medicare drug price negotiation framework.


