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Neither the NVRA nor HAVA authorize DOJ to conduct the kind of fishing expedition it seeks here, McElroy concluded

For each applicable calendar quarter and for each Part B rebatable drug by billing and payment code, CMS proposes to use the payment amount in the payment amount benchmark quarter (per 427.302(d)), benchmark period CPI-U (per 427.302(e)), and rebate period CPI-U (per 427.302(f)) to identify the inflation-adjusted payment amount

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CMS will apply a reduction of the rebate amount as determined under paragraph (b) of this section to all the NDCs under the relevant billing and payment code

Summary A pack of cigarettes costs $8.00 in the United States on average