---
kind: "section"
citation: "42 C.F.R. § 428.405"
title: "42"
number: "428.405"
heading: "Deadline and process for payment of rebate amount."
url: "https://uscodex.org/cfr/42/428.405"
---

# §428.405. Deadline and process for payment of rebate amount.

- (a) **Rebate amounts owed by a manufacturer.** For payment of a rebate amount owed by a manufacturer:
  - (1) **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—
    - (i) A Rebate Report as set forth in [§ 428.401(c)](/cfr/42/428.401.md?p=c) or [§ 428.402](/cfr/42/428.402.md); or
    - (ii) A report of a reconciled rebate amount as set forth in [§ 428.401(d)](/cfr/42/428.401.md?p=d) or [§ 428.402](/cfr/42/428.402.md).
  - (2) 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.
- (b) **Refund to the manufacturer.** If a reconciled rebate amount for an applicable period as set forth in [§ 428.401(d)](/cfr/42/428.401.md?p=d) or [§ 428.402](/cfr/42/428.402.md) 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

[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]