On February 2, 2021, Aimed Alliance sent a letter to the Department for Health and Human Services (HHS) and Centers for Medicare and Medicaid Services (CMS) asking the agencies to take the following actions regarding the Notice of Benefit and Payment Parameter for 2022 (NBPP 2022):
- Freeze the NBPP 2022 for 60 days;
- Open a 30-day comment period for the NBPP 2022; and
- In its review of NBPP 2022, reinstate NBPP 2020 protections governing the use of copay accumulator programs.
In our letter, we note that CMS violated the Administrative Procedure Act (APC), which requires the agency to consider and address significant comments on a particular relevant matter presented. While at least 20 comments asked CMS to reconsider reinstating copay accumulator limitations from the NBPP 2020, CMS failed to address those comments in the final rule. Read our letter here.