CMS ‘Safe Harbor’ For Use Of Copay Accumulators In Private Insurance Challenged In Court

Patient groups ‘left with no choice’ but to challenge federal regulation allowing commercial payers to bar manufacturer assistance with drug costs from being counted toward deductibles and out-of-pocket spending caps.

Tide May Be Turning Against Copay Accumulators, Maximizers • Source: Shutterstock

Three advocacy groups representing patients with diabetes, HIV and hepatitis are asking a federal court to strike down a Centers for Medicare and Medicaid Services rule that allows commercial insurers and pharmacy benefit managers to implement copay accumulator programs that prevent manufacturer assistance from being counted toward patient cost sharing requirements. 

The complaint targets a final rule issued in May 2020 known as the Notice of Benefit and Payment Parameters for 2021, which applies broadly to commercial insurance plans governed by the Affordable Care Act

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