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    Va Pharmaceutical Pricing Agreement

    Saturday 19th December 2020

    The Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508) required pharmaceutical manufacturers to provide discounts to outpatient Medicaid programs based on the lowest prices charged by manufacturers to their commercial and public customers. With the passage of this legislation, drug manufacturers have stopped providing rebates to many of their public purchasers, including the VA. In response, Congress passed the Veterans Health Care Act of 1992 (P.L. 102-585). Section 603 of the Act requires pharmaceutical companies to list drugs covered on the FSS as a precondition for continued participation in the Medicaid program.36 It has also forced them to cancel price increases and has set regulatory caps for the sale to the four largest purchasers of federal drugs: the VA (including veteran state care homes that receive subsidies under 38 Section 1741). , U.S. Code, DOD, PHS (including the Indian Health Service) and Coast Guard.37 These four agencies are commonly referred to as “Big 4.” In addition, Section 603 of P.L. 102-585 required pharmaceutical companies to comply with legal requirements by signing a framework contract and agreement on pharmaceutical prices38. The framework agreement is a document signed by the manufacturer and the VA.

    The agreement includes the responsibilities of the manufacturer and the VA, as well as dispute resolution procedures and termination conditions. The Pharmaceutical Price Agreement is an endorsement to the master contract, which contains a complete list of drugs covered by a manufacturer and a maximum federal price (CPF) for each drug. By signing the document, the manufacturer certifies the accuracy of all the CPF indicated. An MMA provision, known as “non-interference,” prevents the federal government from becoming a third party in drug price negotiations between Part D drug tariffs and drug manufacturers. Both the new Speaker of the House of Representatives and the New Majority Leader in the Senate expressed support for the lifting of this “non-interference provision” and considered it a priority that should be considered at the 110th Congress6. to buy medicine. Depending on the drug purchased, other agencies such as DOD, PHS and the Bureau of Prisons may participate in these contracts. The department is seeking competitive offers for therapeutically equivalent products within certain drug classes and contracts with manufacturers whose products they believe offer the best value on the basis of medical efficiency, safety and price, in exchange for the inclusion of their products in the national DE formula and the obligation to use products throughout the health system. , since the VA is committed to using one particular drug rather than another. and to guarantee pharmaceutical companies a high volume of application in exchange for lower prices.

    These are one-year contracts with the possibility of renegotiating the contract. In GJ 2005, VA purchased $446 million worth of drugs through national contracts. According to the VA, domestic contract prices are 10-60% lower than FSS prices. Under each FSS contract, there is a Blanket Purchase Agreement (BPA) clause that allows VA to continue to negotiate with drug manufacturers and obtain additional rebates.


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