Friday, November 29, 2013

AMP Final Rule Delayed Yet Again ... to May 2014

UPDATE (12/2/13): CMS announces its intention to finalize the Federal Upper Limits (FUL) for multiple source drugs in July 2014!

Here’s another reason to be cynical about the Affordable Care Act's implementation.

The long-awaited Final Rule on Covered Outpatient Drugs, a.k.a., the AMP Final Rule, has been pushed back yet again, to May 2014. This follows at least two previous delays, described here and here.

Sounds to me like politics trumps the law. Given the dual debacles of and “you can keep your insurance,” I presume the Obama administration wants to avoid political noise from the ACA's hit to pharmacy profits.

The delay is good news for the pharmacy industry. When (if?) the new AMP-based Federal Upper Limits get implemented, pharmacies in many states will face reimbursement cuts of 30% or more. See Obamacare Will Squeeze Pharmacy Profits.

For government notice aficionados, I have pasted the notice below. Enjoy Black Friday!

The text below appears on the Office of Information and Regulatory Affairs website. (Click to enlarge.) Note the date for Final Action is May 2014.

Hat tip to @lewisfarrell, who tweeted the news to a reinvigorated @DrugChannels.


  1. Guess that's why they notified pharmacy directors on Wednesday that the FULs would go into effect in July.

  2. It's consistent with the notice, but could also be the triumph of hope over experience.