Likely ‘no‘. While CMS can consider drug prices as part of IRA’s Medicare Drug Price Negotiation, it is limited to considering only U.S. market data. Here is an excerpt from the IRA text:
For purposes of negotiating the maximum fair price of a selected drug under this part with the manufacturer of the drug, the Secretary shall consider the following factors, as applicable to the drug, as the basis for determining the offers and counteroffers under subsection (b) for the drug
…
(E) Market data and revenue and sales volume data for the drug in the United States.
https://www.congress.gov/bill/117th-congress/house-bill/5376/text (emphasis mine)
Thus, while in theory MFN could be integrated into the Medicare Drug Price Negotiation program, the IRA legislation restricts CMS’s use of drug market data to include only market data in the U.S. Of course, the law could be changed, but this of course complicates the implementation of MFN as part of the current Medicare Drug Price Negotiation program. Kristi Martin from the Centers for Medicare and Medicaid Services mentioned this issue in her ISPOR Panel last week.
