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2006 proposed fee schedule - American Society of Clinical Oncology

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period available associated with all sales subject to the<br />

ASP reporting requirements. The manufacturer then<br />

calculates a percentage using this summed amount as the<br />

numerator and the corresponding total sales data as the<br />

denominator. This results in a 12-month rolling average<br />

236<br />

price concession percentage that is applied to the total in<br />

dollars for the sales subject to the ASP reporting<br />

requirement for the quarter being submitted to determine the<br />

price concession estimate for the quarter. The methodology<br />

is specified in §414.804(a)(3) and was published in the<br />

Manufacturer Submission <strong>of</strong> Manufacturer’s ASP Data for<br />

Medicare Part B Drugs and Biologicals final rule published<br />

on September 16, 2004 (69 FR 55763).<br />

Our goal is to ensure that the ASP data submitted by<br />

manufacturers reflects an appropriate estimate <strong>of</strong> lagged<br />

price concessions. Since publication <strong>of</strong> the<br />

September 16, 2004 final rule, we have identified a<br />

refinement <strong>of</strong> the ASP calculation and lagged price<br />

concession estimation methodology related to chargebacks<br />

that we believe will improve the accuracy <strong>of</strong> the estimate.<br />

As a result, we are proposing to clarify the ASP calculation<br />

in this <strong>proposed</strong> rule.<br />

b. Price Concessions: Wholesaler Chargebacks<br />

Wholesaler chargebacks are a type <strong>of</strong> price concession,<br />

generally paid on a lagged basis, that apply to sales to

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