Skip to main content U.S. flag
          An official website of the United States government
            Here’s how you know
          Here's how you know **The .gov means it’s official.**
                
                Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure
                you’re on a federal government site.
 **The site is secure.**
                
                The **https://** ensures that you are connecting to the official website and that any
                information you provide is encrypted and transmitted securely.


NCD Logo
    
    NCD.gov
          National Council on Disability
        An independent federal agency committed to disability policy leadership since 1978
 Menu


close About the Council
              Misson
                
                Council Members
                
                Council Staff
                
                Email Directory
                
                Council Meetings
                
                Feedback
          
        
          
            
            
            Newsroom
            
        
          
            
            Policy Advice
              Letters
                
                Reports
                
                Testimony
                
                Toolkits
                
                Progress Reports
                
                Frameworks
                
                Fact Sheets
                
                Resources
                
                FAQ
          
        
          
            
            Policy Areas
              Civil Rights
                
                CRPD
                
                Cultural Diversity
                
                Education
                
                Emergency Management
                
                Employment
                
                Financial Assistance and Incentives
                
                Health Care
                
                Housing
                
                International
                
                Long Term Services and Support
                
                Technology
                
                Transportation
                
                Youth Perspectives Font Size:
 A
      Font Size Normal
 A
      Font Size Large
 twitter logoTwitter
 instagram logoInstagram
 linkedin logoLinkedIn
 facebook logoFacebook
 youtube logoYoutube
 Contact Us
          
          Accountability Search small
      Search


NCD advises CMS on Most Favored Nation rule Tuesday, January 19, 2021
 
 Health Care
 **WASHINGTON –**The National Council on Disability (NCD) is urging withdrawal of a U.S. Department of Health and Human Services rule that includes provisions used by foreign nations in measuring the cost-effectiveness of health treatments, including prescription drugs. In a letter to the Centers for Medicare & Medicaid Services (CMS) Administrator Seema Verma, NCD Chairman Neil Romano expressed concerns about the Most Favored Nation (MFN) model interim final rule and its potential to harm seniors with chronic illnesses. “The need to control Medicare prescription drug costs is important to seniors and the Federal Government alike, but the MFN Rule is highly problematic on several levels,” wrote Chairman Romano. “It runs contrary to federal law by adopting foreign drug prices set in reliance on the quality adjusted life year (QALY), a cost-effectiveness measure that devalues the lives of people with chronic illnesses and limits their access to highly effective drugs and treatments; it will cause doctors to stop providing necessary care, thereby worsening chronic diseases and increasing deaths of seniors; and it is a major policy change developed and implemented without providing the opportunity for public comment from affected stakeholders.” At issue is what’s known as the quality adjusted life years (QALY). NCD’s 2019 report on the topic examined the design and impact of QALYs, which NCD concluded are discriminatory and prohibited by federal Law. NCD found the QALY discriminatory in both its design and its effect. It assigns a lower value to the lives of people with disabilities resulting in a determination that they are too expensive to receive the care that extends their lives. “Foreign nations that rely on the QALY to set drug prices have restricted, or denied patients access to effective drugs used to treat chronic conditions and to breakthrough medications,” wrote the Chairman. Concerns about the discriminatory impact of the QALY on patients overseas led to its prohibition in the United States. The Affordable Care Act of 2010 (ACA) prohibits the Secretary of HHS from using the QALY, or similar measure, to determine coverage, reimbursement, or incentive programs under the Medicare program. In addition, HHS’s regulation implementing Section 504 of the Rehabilitation Act prohibits discrimination based on disability in all programs or activities conducted by HHS. No public comment period was provided in the development of the MFN rule and two federal courts have issued injunctions to delay the MFN Rule’s implementation based on this concern. “NCD is not aware of any organizations representing the interests of people with disabilities, Medicare beneficiaries, or those with chronic illnesses participating in stakeholder meetings with CMS,” wrote the Chairman. “Real stakeholder engagement requires communication with anyone who is involved in or affected by a course of action. A traditional notice and comment period during the rule’s development would have ensured this opportunity.” Read the letter at *NCD.gov*.


Budget and Performance Congressional Budget Justification
            
            Financial Audits
            
            Buy American Act
            
            Government Performance and Results Act
 Resources Bylaws
            
            Strategic Plan
            
            Authorizing Statute
 Agency Governance News
            
            FOIA
            
            Contact NCD
            
            Subscribe for NCD News
 Policies / Statements No FEAR Act Data
            
            Vulnerability Disclosure Policy
            
            View accessibility statement
            
            View Equity Action Plan


twitter logoTwitter
 instagram logoInstagram
 linkedin logoLinkedIn
 facebook logoFacebook
 youtube logoYoutube
 
 Phone


NCD.gov
        An official website of the
          National Council on Disability