Senator Kirsten Gillibrand (D-NY).

A bipartisan group of senators is encouraging the U.S. Department of Health and Human Services to reconsider its appeal of a federal district court decision limiting the use of copay accumulators. Insurers use the programs to prevent drug copay assistance from counting toward patients' deductibles or out-of-pocket maximums.

Last fall, Judge John D. Bates of the U.S. District Court for the District of Columbia overturned a 2021 rule that allowed the use of copay accumulators. The decision, which came as a result of patient advocacy groups challenging the Trump administration rule, said payers now will be able to use the programs only for brand-name medications that have generic equivalents. HHS, along with the Centers for Medicare & Medicaid Services, appealed the decision in December.

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