The US HHS Office of Inspector General proposes to amend the current Anti-Kickback statute "safe harbors" for drug discounts in a way that would exclude rebates widely used by biopharma companies from protection – with the expected result of lower prices for prescription drugs.
No More Rebates: HHS Proposed Rule Revises Anti-Kickback Safe Harbor
Proposed US rule would establish two new safe harbors against anti-kickback enforcement, one covering price reductions at the point of sale and the other protecting flat service fees paid by manufacturers to pharmacy benefit managers. But rebates to "PBMs to buy formulary position" in Medicare/Medicaid would lose protection.
