Public Law 102-585, Veterans Health Care Act of 1992

For 65IB Drugs, Pharmaceuticals, and Hematology Related Products Schedule contractors that sell products under SIN 42-2A, Public Law 102-585, Veterans Health Care Act of 1992, the Master Agreement (MA), and the Pharmaceutical Pricing Agreement (PPA) mandate that firms which offer covered drugs update their Addendum A and FSS contract pricing for SIN 42-2A prior to January 1 each year.

Announcements

1. The FSS Service has released its final guidance for the PL 102-585 2013 Pricing Update season.  This letter provides information on submitting a successful Public Law modification request, and includes detailed instructions on submitting product deletions or new temporary price reductions.
   
   
2. The VA’s Pharmaceutical Benefits Management (PBM) group has released its final Dear Manufacturer Letter (DML), dated October 16, 2012.  This letter provides guidance on calculating the 2013 Federal Ceiling Prices (FCPs), required timelines, and submission instructions.
   
   Additionally, the Office of General Counsel (OGC) has released its final 2012 annual addendum which clarifies questions posed by industry representatives over the course of the year.
   
   Please thoroughly read and review these letters as they provide guidance that is essential to your understanding of this year’s Public Law process.
   
   
3. This year we will have a dedicated team of FSS contract specialists who will be responsible for processing all PL contract modifications.  Please send any Public Law related questions or issues to ammhinplcoreteam@va.gov.  Your permanent contract specialist will continue to manage all other contract issues or concerns.
   
   
4. All 2013 Public Law modification requests must be sent to vafssmods@va.gov and copied to your Public Law contract specialist.  Do not send requests directly to your permanent contract specialist.  To ensure receipt of your firm’s request for modification, the Subject Line must have the following identifying information:
   
   
   RFM-Contract Number-PL2013 (e.g. RFM-V797P/D-5555X-PL2013)
   
   
   Continue to send all non-Public Law modifications to the FSS Help Desk, helpdesk.ammhinfss@va.gov.

2012 Public Law Timeline for 2013 Covered Drug Pricing Updates

This is an abbreviated timeline.  See the PBM DML, and OGC & FSS Guidance for full instructions and due dates.

10/21…Receive Excel workbook with covered drug NDCs from PBM

10/24…Report modifications in the methodologies used to calculate NFAMP to PBM, OGC, and OIG

10/28…Report any disputes of the FSS pricing on 9/30/12 or the old NFAMP entries

11/15…Submit annual NFAMP reports with FY2012, and calendar Q3 2012 calculation results to PBM

11/16…PBM will begin calculating changes in non-FAMP pricing, additional discounts, and 2013 FCP.  You will have two business days to dispute or resubmit calculations to PBM, OGC, and OIG.

12/01…Prepare and sign a new PPA Addendum A

12/05…Submit PPA Addendum, RFM, and related documentation to FSS

Modification requests submitted with missing or inaccurate information; or changes to the spreadsheet submitted after December 5, 2012 may have an adjusted effective date of January 15, 2013 or later.  As a result, your firm may be subject to the penalties outlined in PL 102-585.