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B-332759 1 (2020-12-08)

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G      r~o           U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-332759


December  8, 2020

The Honorable Chuck Grassley
Chairman
The Honorable Ron Wyden
Ranking Member
Committee on Finance
United States Senate

The Honorable Frank Pallone, Jr.
Chairman
The Honorable Greg Walden
Ranking Member
Committee on Energy and Commerce
House of Representatives

The Honorable Richard Neal
Chairman
The Honorable Kevin Brady
Ranking Member
Committee on Ways and Means
House of Representatives

Subject: Department of Health and Human Services, Centers for Medicare & Medicaid Services:
       Most Favored Nation (MFN) Model

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Health and Human Services, Centers for Medicare &
Medicaid Services (CMS) entitled Most Favored Nation (MFN) Model (RIN: 0938-AT91). We
received the rule on November 24, 2020. It was published in the Federal Register as an interim
final rule with comment period (IFC) on November 27, 2020. 85 Fed. Reg. 76180. The effective
date of this IFC is November 27, 2020.

According to CMS, this IFC implements the Most Favored Nation (MFN) Model, a new Medicare
payment model under section 1115A of the Social Security Act (the Act). See the Act, ch. 531,
§ 1115A, 49 Stat. 620 (Aug. 14, 1935), 42 U.S.C. § 1315A. CMS stated that the MFN Model will
test whether more closely aligning payment for Medicare Part B drugs and biologicals
(hereafter, referred to as drugs) with international prices and removing incentives to use higher-
cost drugs can control unsustainable growth in Medicare Part B spending without adversely
affecting quality of care for beneficiaries.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,

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