OAR 410-122-0188: DMEPOS Rebate Agreements

(1) The Health Systems Division has a Centers for Medicare and Medicaid Services (CMS) approved DMEPOS Rebate Agreement. (2) The Division negotiates DMEPOS Rebate Agreements for specific products through the Sovereign States Drug Consortium (SSDC) multi-state pool and DMEPOS manufacturers. Negotiations are confidential, and shall not be disclosed, except in connection with an agreement/contract or as may be required by law. Confidentiality is required of any third party involved in administration of the agreement/contract. (3) Manufacturers may submit rebate offers for consideration to include their product(s) on the Preferred DME List (PDMEL), after gaining access to the SSDC secure web-based offer entry system. (4) Manufacturers must abide by requirements of the SSDC. (5) The PDMEL shall consist of DMEPOS that the Food and Drug Administration (FDA) has determined to be safe and effective (6) Upon acceptance of the offer: (a) The SSDC will notify manufacturers of the status of their offer(s); (b) Supplemental Agreements will be executed after signed by all parties, approved by CMS if required, and products may be added to the PDMEL; (c) The Division may contract for the functions of tracking utilization, invoicing, and dispute resolution for rebate products. (7) The division will develop a PDMEL, however specific items may be categorized together to create specific lists such as, but not limited to the Preferred Diabetic Supply List (PDSL).