Pennsylvania Statutes Title 62 P.S. Poor Persons and Public Welfare § 456. Rebates

(a) Any Commonwealth pharmacy program that requires a manufacturer to remit a rebate to the program as a condition of participation shall have a clearly defined remittance procedure. The procedure shall include a process for the efficient collection of rebates that are not in dispute and a dispute resolution process.

(b) The development of the remittance procedure shall include consideration of the feasibility of a uniform procedure among Commonwealth pharmacy programs.

(c) A surcharge penalty may be levied by any Commonwealth pharmacy program against any manufacturer for the collection of past due rebates that are not in dispute, unless the surcharge is prohibited by Federal law. The penalty may be levied on any rebate more than one year past due. The surcharge shall be in addition to any interest and penalties authorized under existing law or contractual agreement and shall be equal to fifteen percent of the principal owed for each year that the rebate is past due. The calculation of the surcharge shall be prorated for any portion of the year that the rebate is past due. Notice shall be provided to the manufacturer prior to applying the surcharge to any past due manufacturer's rebates. The manufacturer shall be provided with thirty days from the date of the notice to satisfy any past due claims.