On September 29, 2023, the U.S. District Court for the District of Columbia issued a decision vacating the 2021 Notice of Benefit and Payment Parameters to the extent it permitted health plans to use a copay accumulator policy. On November 28, 2023, the Department of Health and Human Services (“HHS”) filed a notice of appeal with the United States Court of Appeals for the D.C. Circuit. In addition, the federal government also filed a motion to clarify the extent of the Court’s September 29 decision. Specifically, HHS requested the Court confirm it was not required to enforce the 2020 NBPP, which prohibited copay accumulators except where a medically appropriate generic alternative is available.
A link to the U.S. Governments appeal can be found here, and the motion to clarify can be found here. The final order issued September 29, 2023 can be found here. All briefs associated with the case can be found here.
Last Updated on November 29, 2023 by Aimed Alliance
