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

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

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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