109 Iowa L. Rev. 351 (2023)



In 2020, the Department of Health and Human Services promulgated a rule modifying an antikickback safe harbor for Medicare prescription drug rebates. This Note argues that this rule should be reconsidered following the Inflation Reduction Act’s advancements in reforming Medicare drug prices. First, this Note discusses the role of rebates in the prescription drug delivery system and explores the development and finalization of the rule. Next, it reviews actuarial studies and financial estimates of the rule’s impact on federal Medicare spending and out-of-pocket costs for Medicare Part D beneficiaries. It concludes by suggesting repeal of the rule given that its primary goal—to reduce drug costs for seniors—is already met by the drug pricing provisions in the Inflation Reduction Act.

Thursday, November 16, 2023