OBR Daily Commentary


Court Ruling: Delaying Most Favored Nation Rule Important First Step Toward Ending Flawed Model

(ASCO) Dec 23, 2020 - The Association for Clinical Oncology (ASCO) applauds the decision by the U.S. District Court for the District of Maryland to grant a temporary restraining order on the implementation of the Most Favored Nation (MFN) Interim Final Rule. Judge Blake’s decision delays the model’s implementation for 14 days while she considers a preliminary injunction, which would further delay the model. The decision notes that there is likely to be irreparable harm if the rule goes into effect January 1, suggesting that the preliminary injunction will likely be granted.

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Thomas Marsland, MD (Posted: January 05, 2021)


I am not usually a big fan of court interventions in regulatory issues but in this case I think they got it right. Although well intentioned, the MFN regulation was poorly thought out and had the potential to destroy all our patient chemotherapy programs, both hospital and private practice. Mandatory demos without any testing should never be allowed. Unintended consequences can be catastrophic. Hopefully the incoming administration will take a closer look at drug pricing and not present solutions that impact patient care and practice viability.



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