§428.301. Reducing the rebate amount for Part D rebatable drugs currently in shortage. — Inbound Citations
42 C.F.R. § 428.301
Statutory Authority
Cited by 3 regulations in release Current.
Citations to 42 U.S.C. § 428.301 as a whole
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(ii) If CMS grants a rebate reduction request under this section and the generic Part D rebatable drug or biosimilar subject to the reduction appears as currently in shortage during the same applicable period as the one for which the severe supply chain disruption reduction request was granted, CMS will reduce the rebate amount as determined under paragraph (b)(1) of this section and will not grant a reduction as set forth in § 428.301 during that applicable period.
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(4) If CMS grants a rebate reduction request under this section, and the generic Part D rebatable drug subject to the reduction is currently in shortage during the same applicable period as the one for which the request was granted, CMS will reduce the rebate amount as determined under paragraph (b)(1) of this section and will not grant a reduction determined under § 428.301 during that applicable period.
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