In Inside Health Policy, Health Care Partner Discusses PBM Drug Rebate Payments Proposal

In The News
April 16, 2019
Thomas N. Bulleit

Health care partner Tom Bulleit (Washington, D.C.) was quoted in an Inside Health Policy article published April 12 that examines the Trump administration’s proposal to prohibit pharmaceutical manufacturer rebates to pharmaceutical benefit managers and the health plans they serve.

The article discusses the PBM industry’s view that rebates are protected as a discount or other reduction in price under the anti-kickback statute, so that the U.S. Department of Health and Human Services lacks the authority to withdraw safe harbor protection for that class of discount.

Mr. Bulleit gives the PBM’s argument a better-than-even chance of succeeding in court if the proposed regulation is finalized in its current form.


Thomas N. Bulleit
Thomas N. Bulleit
Retired Partner