Possibly. Covered entities and states share responsibility to prevent duplicate discounts. Section 340B(a)(5)(A)(i) of the Public Health Services Act prohibits duplicate discounts whereby a State obtains a rebate on a drug provided to a Medicaid fee-for-service beneficiary when that same drug was discounted under the 340B Program.

Please note that Kalderos' clients desire to use information provided by covered entities to avoid paying a Medicaid rebate to the state, rather than asking the covered entity to repay the manufacturer.

Did this answer your question?