Juvan's Health Law & Private Equity Report : Corporate & Health Care Lawyer & Attorney : Jayne Juvan : Benesch Friedlander Law Firm : Private Equity, Corporate Governance

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According to Dr. Adam Fein from Drug Channels, U.S. District Court Judge Royce Lamberth has granted an injunction that temporarily prohibits the Centers for Medicare and Medicaid Services from adopting the average manufacturer price rule (the "AMP Rule").  As previously discussed on Juvan's Health Law Update, the AMP Rule establishes a new methodology for calculating Medicaid reimbursement rates for prescription drugs.  The court's move bears a striking resemblance to the grant of the injunction that prohibited implementation of certain provisions of the PDMA last year.  

I'm in the process of undertaking a full review of the move (according to the Associated Press, the decision will be released Tuesday) and will update this post shortly.  In the meantime, I'd suggest that you head on over to Dr. Fein's blog for his witty analysis.  This time, he's gone so far as to agree to refund the subscription fee of his readers because his prediction was, well, let's just say slightly off.  "In Analysis of AMP Lawsuit Odds last month," he writes, "I incorrectly predicted that the injunction would not be granted. (Thanks a lot, Arnie Becker!) Naturally, I will be happy to refund your subscription fee to Drug Channels."

Given the current state of the economy, I might just have to take him up on his offer!