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Special Update: HHS Proposes to Exclude Prescription Drug Rebates to PBMs from Safe Harbor Protection

February 1, 2019, Covington Alert

The Department of Health and Human Services (HHS) Office of Inspector General (OIG) released a new rule yesterday proposing to revise the Anti-Kickback Statute safe harbor at 42 C.F.R. § 1001.952(h) to explicitly exclude manufacturer rebates and other price reductions on prescription drugs paid to Part D plans, Medicaid managed care organizations (MCOs), or pharmacy benefit managers (PBMs) acting on their behalf.

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