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Comments on Proposed Rule Establishing Minimum Standards for Drug Utilization Review and Supporting Value-Based Purchasing for Medicaid-Covered Drugs

In this letter to Centers for Medicare & Medicaid Services (CMS) Administrator Seema Verma, MACPAC comments on a proposed rule to establish minimum standards for Medicaid state drug utilization review (DUR) and change Medicaid best price in order to facilitate use of value-based purchasing agreements in the commercial market.

In its comments, the Commission expresses concern that the proposed rule could lower prescription drug rebates to state Medicaid programs (thus increasing spending) and increase states’ administrative burden. The Commission also advises the agency to ensure that the final DUR policies include all forms of medication for opioid use disorder treatment, in all settings that provide it. In addition, MACPAC asks CMS to reconsider whether the DUR policies may reduce access to these medications for people with Medicaid.