CMS Releases Final Rule on RDS Prescription Drug Cost Reporting

The Centers for Medicare & Medicaid Services (CMS) issued a final rule implementing and finalizing provisions regarding reporting of gross covered retiree plan-related prescription drug costs (gross retiree costs) and retained rebates by Retiree Drug Subsidy (RDS) sponsors. In addition, the CMS finalized the interpretation of the scope of waiver authority under the Social Security Act.

In 2009, the CMS released a final rule clarifying "negotiated prices" under Medicare Part D. CMS had proposed similar revisions to the Retiree Drug Subsidy (RDS) program. The 2009 final rule did not finalize proposed changes for RDS, instead comments on policy options were sought. Based on comments received, CMS decided not to adopt the Part D definition of "negotiated price," and decided not to revise the definition of ‘‘actually paid’’ that would require RDS sponsors to report retained rebates.

The regulations are effective March 12. 2012.