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Text of Executive Order 13939: Lowering Prices for Patients by Eliminating Kickbacks to Middlemen
Executive Office of the President Link to more items from this source
[Official Guidance]
July 24, 2020

"The Secretary of [HHS] shall complete the rulemaking process he commenced seeking to: [1] exclude from safe harbor protections under the anti-kickback statute ... certain retrospective reductions in price that are not applied at the point-of-sale or other remuneration that drug manufacturers provide to health plan sponsors, pharmacies, or PBMs in operating the Medicare Part D program; and [2] establish new safe harbors that would permit health plan sponsors, pharmacies, and PBMs to apply discounts at the patient's point-of-sale in order to lower the patient's out-of-pocket costs, and that would permit the use of certain bona fide PBM service fees.... Prior to taking [this] action ... the Secretary of [HHS] shall confirm -- and make public such confirmation -- that the action is not projected to increase Federal spending, Medicare beneficiary premiums, or patients' total out-of-pocket costs."

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