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Generic Or Innovator? Sandoz Sues CMS Over Potential Change In Rebate Classification

 
• By Dean Rudge

Sandoz argued against paying higher rebates for two of its drugs via the Centers for Medicare and Medicaid Services’ Medicaid drug rebate program in a US court six years after the suggestion was first made.

rebate - cube with letters, sign with wooden cubes
Sandoz continues to wait for a CMS decision on whether two of its products should be classified as innovator drugs. • Source: Shutterstock

Sandoz has filed what it calls a “defensive” lawsuit against the US Centers for Medicare and Medicaid Services related to the ongoing possibility that two of its drugs could be classified as ‘innovator’ drugs under the Medicaid drug rebate program statute and subject to higher rebates.

Six years ago, CMS told Sandoz that two of its drugs should be classified as innovator drugs: Anectine (succinylcholine chloride), a “generic muscle relaxant,” and brimonidine tartrate, which is used...

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