Napoli Bern Ripka, LLP Blog

The first ever list of drugs, medical devices, and procedures that Medicare patients will no longer be able to access were released by The Centers for Medicare and Medicaid Services. The list of medical products and services was posted on the CMS website that provided this information to what would become in the upcoming year something of a downer for many. The Centers for Medicare and Medicaid Services determines which drugs, devices, and procedures will be on the list for Medicare Patients to receive or use. They have a large amount of power in the Medicare field that warrants much research. Since the decisions what to and what not to put on the list affect many people, all members of the public will able to provide CMS with their thoughts and recommendations.

            The Centers for Medicare and Medicaid Services impacts not only Medicare patients, but also private insurance companies tend to adopt the same principles, recommendations, and policies as Medicaid. Ultimately the list of drugs, medical devices, and procedures that are up to be evaluated, “all appear to either have some controversy about them … [or] they are topics that there isn’t a whole lot of evidence as to what their exact use is in all circumstances,” CMS Chief Medical Officer Barry Straube said. The Food and Drug Administration (FDA) have not even approved some of the products on the list yet, he noted. One of the drugs that are on the top of the list for consideration is Amgen’s anti-anemia drug. Also known as Epogen, Procrit, or Aranesp, is sold under Johnson & Johnson in which the FDA gave warning to instruct the company to put stronger warnings on its labels. The CMS and FDA have suggested that evidence against the drugs proves it to be dangerous when issued to cancer patients.

Much consideration is placed on the issue if new technology is available and ready to be implemented in the Medicaid system. If this is true, the new medical product and or service will be distributed throughout the nation. Straube also said, “We have no plans right now to change the national coverage-versus-local coverage decision process,” noting that CMS lacks the financial resources to take over for the regional contractors. This list of potential topics allows the MCD to attempt to be more willing to get the views of others while also getting ideas on how to execute these new policies. By putting out this list early the CMS intends to give companies time to arrange its strategy and give the capital markets the ability to evaluate the severity it will have on national policies, their own companies, and competitors. However the chance that the CMS must take is that its preview of the list may evoke chaos among competitors.

Product liability and medial device malfunction go hand in hand. Therefore it pays to have a lawyer experienced in both arenas. At Napoli Bern Ripka LLP, there is over 40 years of combined experience in dealing with cases regarding faulty medical devices. They have experience in dealing with large corporations and insurance companies that seem to intimidate others. Contact Napoli Bern Ripka LLP so they can help you gain the compensation that you deserve, not what is offered.