§428.405. Deadline and process for payment of rebate amount.
42 C.F.R. § 428.405
Rebate amounts owed by a manufacturer. For payment of a rebate amount owed by a manufacturer:
Upon receipt of a rebate amount, payment is due no later than 11— 59 p.m. Pacific Time (PT) on the 30th calendar day after the date of receipt of information regarding the rebate amount on—
A Rebate Report as set forth in § 428.401(c) or § 428.402; or
A report of a reconciled rebate amount as set forth in § 428.401(d) or § 428.402.
Failure to pay a rebate amount due timely and in full may result in an enforcement action as described in subpart F of this part.
Refund to the manufacturer. If a reconciled rebate amount for an applicable period as set forth in § 428.401(d) or § 428.402 is less than what the manufacturer paid for that applicable period, CMS will initiate the process to provide a refund equal to the excess amount paid within 60 days of the date of receipt of the report with such reconciled rebate amount.
Notes, amendments, and revision history
Amendments
[89 FR 98588, Dec. 9, 2024, as amended at 90 FR 50021, Nov. 5, 2025]
Authority
Authority: 42 U.S.C. 1395w-114b, 1302, and 1395hh.
Source
Source: 89 FR 98588, Dec. 9, 2024, unless otherwise noted.
Amendments
[89 FR 98588, Dec. 9, 2024, as amended at 90 FR 50021, Nov. 5, 2025]