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Second Judge Grants Temporary Injunction Against Favored Nation Rule

On December 28, 2020, Judge Vince Chhabria of the US District Court for the Northern District of California joined Judge Catherine Blake of the US District Court of the District of Maryland in enjoining the application of the Medicare Part B Most Favored Nations Reimbursement Rule.

The preliminary injunction is granted based on the government’s failure to complete the notice and comment procedures required by the Administrative Procedure Act,” said Judge Chhabria in an order on Monday.

The case is Biotechnology Innovation Org. v. Azar, N.D. Cal., No. 20-cv-08603, order 12/28/20 .

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