October 25, 2020

Volume X, Number 299

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October 23, 2020

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October 22, 2020

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Most-Favored Nation Update

Over the last couple of years I have been writing blogs suggesting that we adopt a Most-Favored Nation clause in regard to pharmaceuticals.

It appears that President Trump has adopted this concept and has incorporated it in some of his Executive Orders.  However, for this concept to be effective and to be a long term solution, Congress needs to adopt it as part of a statute, not just applicable to Medicare or other governmental programs, but applicable to all pharmaceuticals in interstate commerce.

It does not appear that this will occur in this Session of Congress, but hopefully it will be addressed in the next Administration, whether Trump or Biden, as well as the next Congress.

© 2020 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume X, Number 237
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About this Author

Frank R. Ciesla, Giordano Law Firm Health Care Litigation Health Care Fraud and Abuse Tax Health & Hospital Law
Of Counsel

Mr. Ciesla is Chair Emeritus of the firm's Health Care Law Practice Area. His practice is primarily devoted to Health Care and Government Contracts Law. He counsels clients on legal developments facing healthcare providers in the modern health care environment. Firm clients include hospitals, nursing homes, physicians and physician groups, individual practice associations, home health agencies, ambulance carriers and industry-wide associations.

Mr. Ciesla advises such clients on business structures, mergers and consolidations, joint ventures, reorganization of health care providers...

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