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Similarly, as an example of how CMS would identify the payment amount benchmark period as proposed under 428.202(c)(4), if a subsequently approved drug with a first marketed date of December 15, 2021, does not have AMP reported for any quarters in calendar year 2022 (that is, the first calendar year after the drug's first marketed date) but does have AMP reported for the first calendar quarter of 2023, CMS would identify the payment amount benchmark period as calendar year 2023 (that is, January 1, 2023, through December 31, 2023)

For this reason, we are proposing that beginning with the CY 2025 performance period/2027 MIPS payment year CMS could remove the 7-point cap for certain topped out measures that we would select based on evaluating the factors discussed below

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