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JULY 15, 2019

‘Safe Harbor’ for Drug Rebates Remains Safe for Now

By Gina Shaw

On July 11, the Trump administration announced that it would withdraw a proposed rule that would have eliminated “safe harbor” protections from anti-kickback statutes for rebates and discounts given by drug manufacturers to Medicare Part D plans, Medicaid managed care organizations and commercial pharmacy benefit managers (PBMs). The rule would have required that rebates received by PBMs be passed directly on to patients.