(a) The Director of the Department shall negotiate the amount of the rebate required from a manufacturer or labeler in accordance with this subchapter.
(b) The Director shall take into consideration the rebate calculated under the Medicaid Rebate Program pursuant to section 1927 of the Social Security Act, approved November 5, 1990 (104 Stat. 1388-143; 42 U.S.C. § 1396r-8), the average wholesale price of prescription drugs, and any other information on prescription drug prices and price discounts.
(c) The Director shall use the Director’s best efforts to obtain an initial rebate amount equal to or greater than the rebate calculated under the Medicaid program pursuant to 42 U.S.C. § 1396r-8.
(d) With respect to the rebate that takes effect on October 1, 2005 pursuant to § 48-831.33(d), the Director shall use the Director’s best efforts to obtain an amount equal to or greater than the amount of any discount, rebate, or price reduction for prescription drugs provided to the federal government. If the Department is not able to achieve the rebate amount described by this subsection, the Department shall report that fact to the standing committee of the Council having jurisdiction over the Department.
(May 18, 2004, D.C. Law 15-164, § 106, 51 DCR 3688.)
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