What is CMS position regarding the expiration of drug patents?
A79. Patents for brand name medications do expire and less expensive generic equivalents do usually become available thereafter. On the other hand, new more expensive brand name drugs often replace drugs whose patents are expiring. Finally, Claimants may insist on brand name drugs even where generics are available. All of these concepts, along with the evidence submitted in a particular case, will be considered by CMS in determining the sufficiency of a proposed MSA amount.
