02/03/2021

ACCC Lawsuit Challenging Legality of HHS Most Favored Nation Placed on Hold

Washington, D.C. (January 15, 2021)—On January 13, 2021, a federal court agreed to a stay in the lawsuit that the Association of Community Cancer Centers (ACCC) filed in partnership with the Pharmaceutical Research and Manufacturers of America (PhRMA), the Global Colon Cancer Association (GCCA) and National Infusion Center Association (NICA) against the Centers for Medicare & Medicaid Services (CMS). The lawsuit, filed on December 4, 2020, asserted that the Most Favored Nation (MFN) Interim Final Rule exceeded the statutory authority provided to CMS and improperly failed to follow required rulemaking procedures.

ACCC’s challenge to the MFN Model has been placed on hold, by agreement with the government, because the government has decided to not appeal the preliminary injunction in the BIO/CLSA litigation that prevents CMS from implementing the model.  READ MORE