Texas Finalizes Repeal of Medicaid Price Reporting Requirement

By Alan M. Kirschenbaum –

Last October we reported on a proposed regulation published by the Texas Health and Human Services Commission (HHSC) to repeal a burdensome price reporting requirement for drug manufacturers under Texas Medicaid. HHSC has now finalized the proposed rule without change. See Texas Register of May 6, 2016, at 3298-3300. As we noted in our post last October, the repeal relieves manufacturers of the requirement to calculate and submit updated prices to HHSC for drugs covered under Texas Medicaid, unless an update is requested for specific products by HHSC. Manufacturers that wish to obtain coverage for a new product under Texas Medicaid will continue to be required to submit a Certification of Information Form that includes prices to specified customer categories. The final rule goes into effect on May 15, 2016 (this Sunday).