Medicaid Drug Rebate Program - Manufacturers and Supporting Regulation at 42 CFR 447.534 (CMS-367)

Forms and Documents

Document	Type	Status	Availability
Form CMS-367 Medicaid Drug Rebate Program - Manufacturers and Supporting Regulation at 42 CFR 447.534 (CMS-367)	Form	Modified	Repair queued
CMS-367 - Supporting Statement A [rev 4-11-2014 by OSORA PRA].docx	Supporting Statement A	Uploaded 2014-04-18	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
8184	Medicaid Drug Rebate Program - Manufacturers and Supporting Regulation at 42 CFR 447.534 (CMS-367)	Form	Modified

ICR Details

OMB Control No: 0938-0578	ICR Reference No: 201404-0938-005
Status: Historical Active	Previous ICR Reference No: 201308-0938-021
Agency/Subagency: HHS/CMS	Agency Tracking No: 20301
Title: Medicaid Drug Rebate Program - Manufacturers and Supporting Regulation at 42 CFR 447.534 (CMS-367)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/13/2014
	Date Received in OIRA: 04/18/2014
Terms of Clearance: Instruments (at minimum, the first data entry screen) must display the OMB control number, the expiration date, and the public burden statement.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2017	36 Months From Approved	09/30/2016
Responses	10,370	0	9,440
Time Burden (Hours)	156,343	0	139,712
Cost Burden (Dollars)	0	0	0

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Abstract: Section 1927 requires drug manufactures to enter into and have in effect a rebate agreement with the Federal Government for States to receive funding for drugs dispensed to Medicaid recipients. In order for payment to be made under Medicaid, the drug labeler must complete and sign a drug rebate agreement and fillin the information on the related documents. The Affordable Care Act (ACA) added two new data elements to potentially be reported by manufacturers, a Pediatric Exclusivity product indicator and a new optional "ACA base AMP" field. Additionally, per the ACA, the Federal upper limit (FUL) will be calculated as no less than 175 percent of the weighted average of the most recently reported monthly AMP. Section 1927 of the Act requires manufacturers to report the total number of units that are used to calculate monthly AMP for each covered outpatient drug no later than 30 days after the last day of the month. We plan to require manufacturers to report these units by the same unit type used to calculate the AMP and to use these units to calculate the weighted-AMP-based FULs prices.

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Authorizing Statute(s): Statute at Large: 19 Stat. 1927 Name of Statute: null
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 148 2503 Name of Law: Patient Protection and Affordable Care Act
PL: Pub.L. 111 - 226 202 Name of Law: Education Jobs and Medicaid Assistance Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 5318	02/02/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 20209	04/11/2014
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Medicaid Drug Rebate Program - Manufacturers and Supporting Regulation at 42 CFR 447.534 (CMS-367)	CMS-367, CMS-367	Medicaid Drug Program Monthly and Quarterly Drug Reporting ,   Record File Specification

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	10,370	9,440	610	0	320	0
Annual Time Burden (Hours)	156,343	139,712	11,895	0	4,736	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: We have adjusted the number of respondents from 590 to 610 (or +20 respondents). We are also adding one field to form CMS-367b (5i Threshold); five fields to form CMS-367c (5i Drug Indicator, 5i Route of Administration, Covered Outpatient Drug (COD) Status, FDA Application Number/OTC Monograph Number, and optional ACA Base AMP); and two optional e-mail address fields on CMS-367d for the legal contact and the invoice contact. As a result of the new fields added to form 367c, we are removing the DESI Indicator field, which is no longer needed. The new optional e-mail fields, the Reactivation Date and the ACA Baseline AMP field are voluntary. The burden associated with the reporting of each of these fields is negligible; therefore, no explicit burden increase is expected. The increased burden associated with adjusting the number of respondents amounts to +320 responses/year or +4,736 hr (aggregate). The increased burden associated with each of the other new fields amounts to +610 responses or +11,895 hr (aggregate).

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Annual Cost to Federal Government: $750,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Yes

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/18/2014

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