Medicare Transaction Facilitator Program Agreement Sample Contracts

DRAFT MEDICARE TRANSACTION FACILITATOR PROGRAM AGREEMENT
Medicare Transaction Facilitator Program Agreement • December 17th, 2024

WHEREAS, pursuant to one or more Medicare Drug Price Negotiation Program Agreements between CMS and the Manufacturer (hereinafter referred to as the “Negotiation Program Agreement(s),” as defined in section I(l) of this Agreement), the Manufacturer is the Primary Manufacturer, as defined in applicable guidance or regulations, of the selected drug(s) identified on Addendum 1 to this Agreement (hereafter referred to as the “selected drug(s)” or each “selected drug”) and has agreed to provide access to the maximum fair price (“MFP”) for such selected drug(s) to pharmacies, mail order services, and other dispensing entities with respect to MFP-eligible individuals who are dispensed such drug(s);

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DRAFT MEDICARE TRANSACTION FACILITATOR PROGRAM AGREEMENT
Medicare Transaction Facilitator Program Agreement • December 17th, 2024

WHEREAS, pursuant to sections 1191 through 1198 of the Social Security Act (“the Act”), as set forth in the Inflation Reduction Act (“IRA”), P.L. 117-169, CMS is responsible for the administration of the Medicare Drug Price Negotiation Program (hereinafter referred to as the “Negotiation Program”), which sets forth a framework under which participating manufacturers and CMS may negotiate to determine a price (referred to as “maximum fair price” in the Act and hereinafter “MFP”) for each selected drug in order for manufacturers to provide access to such MFP to MFP-eligible individuals and to pharmacies, mail order services, and other dispensing entities; and

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