Medicare Rx Negotiation More Insulated From SCOTUS Fallout, But Some Key CMS Decisions Could Be Vulnerable

Experts expect litigation challenging Medicare’s definitions of single-source drug and bona fide marketing to get a boost from recent Supreme Court rulings, but overall, the IRA is likely better positioned in a post-Chevron world than older Medicare statutes.

Supreme Court of the United States
End of Chevron deference poses more chaos for older Medicare statutes than newer ones like the IRA • Source: Shutterstock

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