April 20, 2012—Senate Finance Committee Ranking Republican Orrin Hatch of Utah this week began circulating draft drug shortage legislation that would, among other provisions, exempt manufacturers of many sterile injectable drugs from paying Medicaid rebates and 340B discounts on the products for seven years.
The exemptions would apply to single- and multiple-source sterile injectable products that are made by four or fewer active manufacturers and for which there is no period of market exclusivity in effect.
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