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Government “negotiation” could have devastating consequences for Medicare enrollees

Gabby Migliara | July 23, 2021 | SHARE THIS

Some members of Congress are considering significant changes to Medicare that could have a devastating effect on millions of Americans. Proponents call these changes government “negotiation,” but what they are actually proposing is anything but that. These politicians want to repeal a key provision of the Medicare Part D program that protects robust coverage and access to medicines for seniors and people with disabilities.

Seniors and people with disabilities have robust access to medicines in Medicare Part D due in large part to a protection known as the “noninterference clause.” The noninterference clause prohibits the Secretary of Health and Human Services from interfering in the private negotiations – which already occur in Medicare Part D – between pharmaceutical manufacturers and Part D insurance plans or pharmacy benefit managers (PBMs). Unfortunately, some in Congress want to repeal this important element of Part D. Without this protection, government “negotiations” could directly and negatively impact access to lifesaving medicines for patients.
Independent analysis by the Congressional Budget Office has repeatedly found that repealing the noninterference clause and permitting government “negotiation” in Part D could save money only if we also introduce other government restrictions on the choice of and access to medicines that people with Medicare have today.
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