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CMS Lacks Authority To Include "Authorized" Generic In A Brand's "Best Price"

This article was originally published in The Pink Sheet Daily

Executive Summary

HHS Secretary Leavitt suggests the agency cannot dictate that the "best price" of an "authorized" generic be included in the Medicaid rebate calculation for the brand drug. The position appears to be a blow for the generic industry, which is seeking to change rebate reporting requirements for brand drugs with authorized generics.
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