GEORGIA STATUTES AND CODES
               		§ 49-4-152.2 - Rebates for sole-source and multiple-source drugs included in Controlled Medical Assistance Drug List
               		
               		
               	 	
               	 	               	 	
               	 	
               	 	
               	 		
O.C.G.A.    49-4-152.2   (2010)
   49-4-152.2.    Rebates for sole-source and multiple-source drugs included in Controlled Medical Assistance Drug List 
      (a)  The  department is authorized to negotiate and enter into agreements  directly with manufacturers and distributors whose prescription drug  products are sold in the state for sole-source and multiple-source drugs  to be paid for under the state plan for eligible recipients under this  article.  Such agreements shall provide for a periodic rebate of a  negotiated percentage of the total product cost to be paid by the  manufacturer or distributor of a specific product covered under the  state plan.
(b)  Prescription drug products  shall be included in the Controlled Medical Assistance Drug List only  upon satisfaction and completion of the application and approval process  established by the department.  Those products for which a rebate has  been successfully negotiated shall automatically be included in the  Controlled Medical Assistance Drug List for a period of time coterminous  with the negotiated rebate.
(c)  If there  has been a failure to negotiate or renew a rebate agreement for a  specific prescription drug product, the pharmaceutical manufacturer or  distributor of that product shall disclose to the department its most  favorable pricing arrangements available to state and nonstate  government purchasers of such products.  If the department determines  that the product needs to be included in the Controlled Medical  Assistance Drug List, the department shall establish the amount of the  rebate for such product based upon the price information provided by the  manufacturer or distributor.  The determination as to whether a product  should be included in the Controlled Medical Assistance Drug List shall  be based upon the product's efficacy, cost, medical necessity, and  safety.
(d)  The provisions of this Code section shall be construed in conformity with Code Section 49-4-157.
               	 	
               	 	
               	 	               	 	
               	 	               	 	               	  
               	 
               	 
               	 
               	 
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