Biogen Had Its Chance
"Biogen may have a tough time arguing in favor of an HHS appeal or a lawsuit because it already had an opportunity to make its case before the CMS finalized its decision, policy analysts say.
CMS released its draft coverage decision on Jan. 11, and gave the public until Feb. 10 to submit comments. The agency said it received more than 10,000 comments in response to the proposal.
“They basically have very little recourse with CMS, especially since this went through a notice and comment,” a former senior HHS official said. “Absent new data, the odds are stacked against them.”
Brewing Alzheimer’s Drug Plan Fights Rest in Patients’ Hands
"Biogen may have a tough time arguing in favor of an HHS appeal or a lawsuit because it already had an opportunity to make its case before the CMS finalized its decision, policy analysts say.
CMS released its draft coverage decision on Jan. 11, and gave the public until Feb. 10 to submit comments. The agency said it received more than 10,000 comments in response to the proposal.
“They basically have very little recourse with CMS, especially since this went through a notice and comment,” a former senior HHS official said. “Absent new data, the odds are stacked against them.”
Brewing Alzheimer’s Drug Plan Fights Rest in Patients’ Hands