OIG Follows Through on Rule Removing Safe Harbor Protection for Drug Rebates in Medicare Part D and Medicaid MCOs Beginning in 2022; New Safe Harbors for Point-of-Sale Discounts, PBM Services Fees Available in 60 Days

OIG Follows Through on Rule Removing Safe Harbor Protection for Drug Rebates in Medicare Part D and Medicaid MCOs Beginning in 2022; New Safe Harbors for Point-of-Sale Discounts, PBM Services Fees Available in 60 Days

The Department of Health and Human Services Office of Inspector General (HHS OIG) issued a final rule (press release; HHS Secretary statement; fact sheet) that explicitly excludes drug rebates that manufacturers pay to pharmacy benefit managers (PBMs) and Medicare Part D plans from the current discount safe harbor, thereby eliminating their protection under the federal anti-kickback statute. The final rule… (Llamas, November 20, 2020) #Costs, #Generic Drugs, #Medicare Part D, #Pharmacy Benefit Managers, #Prescription Drugs