Alerts and Updates
U.S. Military's TRICARE Health Program Issues Retail Pharmacy Refund Rule for Drug Prescriptions
October 19, 2010
On October 15, 2010, the U.S. Department of Defense ("DOD") issued a regulation nearly identical to the regulation it issued in March 2009, implementing the Retail Pharmacy Drug Refund Program (the "Program") of TRICARE, the healthcare program serving uniformed service members, retirees and their families.
- The regulation governs prescriptions filled on or after January 28, 2008, and paid for under the Program, subject to federal ceiling prices ("FCPs") under 38 U.S.C. § 8126. In essence, the regulation provides that manufacturers are responsible for applying FCPs to the Program.
- The DOD will administer the Program through a system of manufacturer refunds to DOD.
- The statute applies FCPs to all prescriptions filled on or after January 28, 2008.
- All covered drugs in the TRICARE Program are subject to FCPs.
For Further Information
If you have any questions about this Alert, please contact Frederick (Rick) R. Ball, any of the lawyers in the Pharmaceutical, Medical Device, Pharmacy & Food industry group or the attorney in the firm with whom you are regularly in contact.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
