Healthcare & Life Sciences: Drug Pricing Digest - August 2021 #2

$1 Trillion Infrastructure Bill Includes Two Drug Pricing Provisions: On Aug. 10, 2021, the Senate passed H.R. 3684, the Investing in a New Vision for the Environment and Surface Transportation in America Act, or the INVEST in America Act. Two provisions are of particular relevance for drug manufacturers:

..The rebate rule, which would modify the anti-kickback safe harbor for rebates to apply only when the price concessions are passed through to the patient at the point of sale, would be delayed until Jan. 1, 2026.

..Manufacturers would be required to refund to Medicare the cost of discarded units of physician-administered drugs packaged in single-dose containers or single-use packages above a particular threshold.

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