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2006 proposed fee schedule - American Society of Clinical Oncology

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calculated payment for all NDCs assigned to such drug or<br />

242<br />

biological product. (See section 1847A(b)(4) <strong>of</strong> the Act.)<br />

• During an initial period in which data on the prices<br />

for sales for the drug or biological is not sufficiently<br />

available from the manufacturer to compute an ASP. (See<br />

section 1847A(c)(4) <strong>of</strong> the Act.)<br />

In these instances, we must make the determination <strong>of</strong><br />

whether the payment amount is based on ASP or WAC.<br />

Therefore, WAC is required for payment in all <strong>of</strong> these<br />

instances.<br />

On April 6, 2004, we published the ASP reporting<br />

regulations in the Manufacturer Submission <strong>of</strong> Manufacturer’s<br />

ASP Data for Medicare Part B Drugs and Biologicals interim<br />

final rule with comment (66 FR 17935-17941). In that<br />

interim final rule, we specified that manufacturers must<br />

report the ASP data to us using the template provided in<br />

Addendum A <strong>of</strong> that interim final rule. That template<br />

included the manufacturer’s name, NDC, manufacturer’s ASP,<br />

and number <strong>of</strong> units. The WAC was not included in the<br />

template. Therefore, in order to report the WAC,<br />

manufacturers have used several approaches. Some<br />

manufacturers have appended the WAC to the template; others<br />

have noted it in their written cover letters to their<br />

submissions. Still others have sent the WAC to us using<br />

electronic mail. Because a place for the WAC was not

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