NACDS, NCPA issue statement on interim final rule to redefine 'multiple source drug'

March 17, 2008

NACDS, NCPA comment on interim final rule to redefine 'multiple source drug'

The National Association of Chain Drug Stores and the National Community Pharmacists Association issued a statement of support of an interim final rule issued in the Federal Register of March 14 to redefine a 'multiple source drug.'

The statement said, "NACDS and NCPA are pleased that the Centers for Medicare & Medicaid Services (CMS) have acknowledged serious legal concerns about the agency's definition of 'multiple source drug.' CMS acknowledges that it revised the definition, in response to our lawsuit, which challenged the definition of multiple source drugs contained in the original rule July 17, 2007. We are reviewing the proposed revised rule to ensure that CMS will in fact comply with the Medicaid statute. If we determine that the revised rule does not comply with the statute, we may need to raise the issue with the federal court that has jurisdiction over our ongoing lawsuit. It is important to note that this revised rule does not eliminate the lawsuit filed by NACDS and NCPA in November of 2007 to block the average manufacturers price (AMP) rule, which would drastically cut reimbursement payments to community pharmacies that serve disadvantaged Americans in the Medicaid program."

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