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GAO-06-69R 1 (2005-10-31)

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        Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          October 31, 2005

          The Honorable Edward Whitfield
          Chairman
          Subcommittee on Oversight and Investigations
          Committee on Energy and Commerce
          House of Representatives

          Subject: Medicaid: States' Payments for Outpatient Prescription Drugs

          Dear Mr. Chairman:

          Spending on outpatient prescription drug coverage for Medicaid beneficiaries has
          accounted for a substantial and growing share of Medicaid program expenditures.
          All states and the District of Columbia have elected to include outpatient prescription
          drug coverage as a benefit of their Medicaid programs. Total Medicaid expenditures
          on outpatient prescription drugs grew from $4.6 billion (nearly 7 percent of
          Medicaid's total medical care expenditures) in fiscal year 1990 to $33.8 billion (13
          percent of Medicaid's total medical care expenditures) in fiscal year 2003. This
          represented more than twice the rate of increase in total Medicaid spending from
          fiscal year 1990 through fiscal year 2003. Amid concerns about increasing Medicaid
          drug spending, focus has been drawn to the ways states pay for prescription drugs.

          State Medicaid programs pay pharmacies for covered outpatient prescription drugs
          dispensed to Medicaid beneficiaries. The Centers for Medicare & Medicaid Services
          (CMS)-the agency of the Department of Health and Human Services (HHS) that
          oversees states' Medicaid programs-sets maximum payment limits for certain
          drugs-federal upper limits (FUL)2-and provides guidelines regarding drug payment,
          as defined by regulation. Within these parameters, states may determine their own
          drug payment methodologies. States are to pay pharmacies the lower of the state's
          estimate of the drug's acquisition cost to the pharmacy, plus a dispensing fee, or the

          'Medicaid is a joint federal-state program that finances health insurance for certain low-income adults
          and children.

          2See 42 C.F.R. § 447.332 (2004). Federal regulations require CMS to set specific FUL amounts for
          certain multiple-source drugs that are provided by at least three suppliers. A multiple-source drug is a
          drug that is either marketed or sold by two or more manufacturers or labelers, or marketed or sold by
          the same manufacturer or labeler under two or more different proprietary names or both under a
          proprietary name and without such a name. Payments for these drugs must not exceed, in the
          aggregate, a reasonable dispensing fee plus an amount that equals 150 percent of the lowest published
          price of the drug listed in national pricing compendia.
          3See 42 C.F.R. § 447.331 (2004).


GAO-06-69R States' Medicaid Payments for Prescription Drugs

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