Hogan Lovells Publications | Health Alert | 28 March 2018
MDRP: CMS issues new rebate agreement; all current agreements terminate October 1, 2018
On March 23, 2018, the Centers for Medicare and Medicaid Services (CMS) published Final Notice that implements a substantially revised Medicaid National Drug Rebate Agreement (NDRA). All agreements currently in place will expire on October 1, 2018, and CMS is requiring participating manufacturers to execute and return the new NDRA no later than September 30, 2018, as a condition of remaining in the Medicaid Drug Rebate Program (MDRP).
CMS also has sent an e-mail to participating manufacturers including instructions on how to execute the new NDRA electronically (noting that hard copies are no longer required to be sent to CMS, and also stating that manufacturers should submit an updated 367d Labeler Contact Form as part of the process). On March 26, 2018, CMS published MDRP Manufacturer Release No. 108, which largely mirrors the information contained in the e-mail sent to participating manufacturers.
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