NCPA, NACDS amend AMP suit to include new CMS rule

May 12, 2008

NCPA and the NACDS have amended their average manufacturer price lawsuit to include CMS' interim final rule on multiple-source drugs

The Centers for Medicare & Medicaid Services did not contest the decision to add its new final rule on multiple-source drugs to the average manufacturer price suit filed last year by the National Association of Chain Drug Stores and the National Community Pharmacists Association. In the amended complaint, the plaintiffs charged that the new definition for multiple-source drugs represented a substantial change and that would shift a new burden to pharmacists, requiring them to prove that a medication was not available in their state, a responsibility previously handled by CMS. By adding the new rule to the original complaint, NACDS and NCPA ensured that the rule would also be subject to the court's decision, which is not expected until later this year, at the earliest.