HHS Allows Rx Coupons And Co-Pay Cards Through Exchanges

For months, drugmakers have been anxious to know whether the Obama administration considers qualified health plans that are purchased through federal or state insurance exchange to be federal health programs. Why? Drugmakers are increasingly offering co-pay cards and discounts coupons to consumers to boost prescriptions and market share. But under the federal Anti-Kickback Act, drugmakers are not permitted to provide such subsidies directly to consumers who are insured by federal healthcare programs, such as Medicare and Medicaid. And so, there has been considerable anxiety over how the US Department of Health & Human Services would classify qualified health plans and the effect its decision would have on co-pay cards and coupons. Late last week, however, the HHS offered drugmakers some good news. In a letter to Congressman Jim McDermott, the agency wrote that qualified health plans are not federal or state programs, which gives the pharmaceutical industry a green light to offer these promotional tools unabated (here is the HHS letter). McDermott had asked HHS to clarify its view over concerns that the subsidies help consumers afford their meds (here is his letter). In response, the Pharmaceutical Research and Manufacturers of America released a brief statement saying that the industry trade group agrees with HHS and that the decision “provides welcome clarification about the department’s views.” Nonetheless, any euphoria may be short lived. Third-party payers are f...
Source: Pharmalot - Category: Pharma Commentators Authors: Source Type: blogs