Wednesday, May 22, 2019 11:35:39 AM
From the article:
The suit "seeks to hold unlawful and set aside the Agency's recent unjustified decision to require that Mallinckrodt change the base date average manufacturer price (AMP) used to calculate Medicaid drug rebates for Acthar(R) Gel (repository corticotropin injection)," the company said in a statement.
HHS and CMS are trying to reduce cost of this drug that has for years been on the list of wildly expensive drugs.
AMP:https://definitions.uslegal.com/a/average-manufacturer-price-amp-health-care/
AMP changed under ACA. 2012 was when the Supreme Court decided that the ACA had teeth.
From the article:
The CMS decision reverses without explanation a 2012 approval of the calculation of Medicaid rebates for the gel, said Mallinckrodt. "We are disappointed with the action taken by CMS. "With our repeated attempts to engage both HHS and CMS in productive discussions ultimately rebuffed, we find ourselves with no other choice than to vigorously defend our position, through the courts, that Medicaid patients should have access to this important therapy," said Mark Casey, general counsel at Mallinckrodt.
JMHO. I think Art saw the writing on the wall about a need for a generic version.
If you are looking to be brought up to speed on the senior convertible notes, I am not your news source. Please read posts by JTFM and Silvr. I emailed the company on Monday and have yet to hear an answer.
Best, J
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