42 C.F.R. §447.502 - Definitions

Cite as42 C.F.R. §447.502
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15 cases
  • State v. Abbott Labs.
    • United States
    • United States State Supreme Court of Wisconsin
    • June 22, 2012
    ...§ 447.512(b). The regulations define EAC as the “best estimate of the price generally and currently paid by providers for a drug.” 42 C.F.R. § 447.502. Whenever states change their reimbursement policies, they must seek CMS approval to institute the new plan. See Douglas, 132 S.Ct. at 1208.......
  • Mallinckrodt Ard LLC v. Verma
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 13, 2020
    ...outpatient drug that is produced or distributed under an original NDA approved by FDA and has an approved NDA number issued by FDA." 42 C.F.R. § 447.502. The regulations further state that "[f]or purposes of this definition and the MDR program, an original NDA means an NDA, other than an AN......
  • Vanda Pharm. v. Ctrs. for Medicare & Medicaid Servs.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • March 31, 2023
    ...identifying drugs that may be line extension drugs. Id. CMS next proposed to define “line extension” and “new formulation” at 42 C.F.R. § 447.502. Specifically, CMS proposed to define “line extension” to mean, “for a drug, a new formulation of the drug, but ... not including] an abuse deter......
  • United States ex rel. Streck v. Bristol-Myers Squibb Co., CIVIL ACTION NO. 13-7547
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • November 29, 2018
    ...behalf of the manufacturer." Id. The final rule adopted four years later retained the four-part definition of bona fide service fees. 42 C.F.R. § 447.502 (2016). It defines excludable bona fide service fees as fees paid by a manufacturer to "an entity" that: (1) "represent fair market value......
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4 firm's commentaries
  • In Latest Medicaid Rule, CMS Aims to Define Line Extensions
    • United States
    • JD Supra United States
    • June 22, 2020
    ...Extension as a “New Formulation” Consistent with the statutory language, CMS is proposing to adopt a definition of “line extension” at 42 C.F.R. § 447.502 to mean “for a drug, a new formulation of the drug, but does not include an abuse-deterrent formulation of the drug (as determined by th......
  • New Risks, New Rewards, New Exposure
    • United States
    • JD Supra United States
    • June 24, 2020
    ...that a manufacturer may choose to blend or submit separate AMPs. Unfortunately, the regulatory definition of ‘authorized generic’ at 42 C.F.R. § 447.502 is so broad as to define almost any ‘second’ drug sold under a different labeler/package code to be an authorized generic—“any drug … that......
  • Final Rule on VBP, Patient Assistance and Line Extensions Presents Opportunity and Risk for Drug Manufacturers
    • United States
    • JD Supra United States
    • January 4, 2021
    ...release formulation or other change in release mechanism, a change in dosage form, strength, route of administration, or ingredients.” 42 C.F.R. §447.502 (emphasis added). The Proposed Rule also had included new combination drugs, new drug/device combinations, and new indications in its red......
  • In Latest Medicaid Rule, CMS Aims to Define Line Extensions
    • United States
    • LexBlog United States
    • June 18, 2020
    ...Extension as a “New Formulation” Consistent with the statutory language, CMS is proposing to adopt a definition of “line extension” at 42 C.F.R. § 447.502 to mean “for a drug, a new formulation of the drug, but does not include an abuse-deterrent formulation of the drug (as determined by th......
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