NACDS, NCPA ask CMS to withdraw multisource drug rule

April 16, 2008

The National Association of Chain Drug Stores and the National Community Pharmacists Association criticize the Centers for Medicare & Medicaid Services' interim final rule on multiple-source drugs.

The National Community Pharmacists Association and the National Association of Chain Drug Stores have asked the Centers for Medicare & Medicaid Services to revoke an interim final rule it issued last month on multiple source drugs. In filed suit against CMS charging that its average manufacturer price rule violated a number of statutes, including the definition of multisource drugs. In December a federal judge agreed and granted a preliminary injunction blocking CMS from implementing the AMP rule. In the new definition of multiple source drugs, CMS recognizes that it had erred in its definition of multiple source drugs, but shifts a new burden to pharmacists. With the rule, CMS would assume a drug is available in each state unless pharmacists can prove otherwise. Since the new rule is an amendment to the final AMP rule, it is still subject to the court's decision.

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