The publication is reproduced in full below:
CENTERS OF MEDICARE AND MEDICAID SERVICES' RESPONSE TO QUESTIONS
REGARDING CLARIFICATION ON CERTAIN PROVISIONS IN THE AMERICAN RESCUE
PLAN
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HON. LARRY BUCSHON
of indiana
in the house of representatives
Friday, March 26, 2021
Mr. BUCSHON. Madam Speaker, I would like to include in the Record clarifying comments from Centers for Medicare and Medicaid Services
(CMS) in response to a question I asked during a House Energy and Commerce Committee Markup on February 12, 2021. During the Markup, I asked about the scope of the Medicaid drug rebate provisions, specifically section 3101(a)(4), in the American Rescue Plan.
CMS responded: ``Regarding whether section 3101(a)(4) preserves the status quo, we do not believe this language extends rebates to drugs or biological products not currently subject to rebates under the MDRP. Meaning, it keeps the status quo.
``We agree this provision is drafted similarly to the `fix' for MAT. Like MAT, since states would be required to cover drugs under this new COVID treatment benefit, confirming that states would still be required to cover such drugs absent any rebate agreement.
``Note that we do not believe current statute compels a manufacturer to enter into a rebate agreement. So if the intent is to compel payment of rebates for drugs covered under this new benefit, this provision would have to be drafted differently.''
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SOURCE: Congressional Record Vol. 167, No. 57
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