Public Law 102-585, Veterans Health Care Act of 1992
For 65IB Drugs, Pharmaceuticals, and Hematology Related Products Schedule contractors that sell products under SIN 42-2A, Public Law 102-585, Veterans Health Care Act of 1992, the Master Agreement (MA), and the Pharmaceutical Pricing Agreement (PPA) mandate that firms which offer covered drugs update their Addendum A and FSS contract pricing for SIN 42-2A prior to January 1 each year.
- The FSS Service has released its final guidance for the PL 102-585 2013 Pricing Update season. This letter provides information on submitting a successful Public Law modification request, and includes detailed instructions on submitting product deletions or new temporary price reductions.
- The VA’s Pharmaceutical Benefits Management (PBM) group has released its final Dear Manufacturer Letter (DML), dated October 16, 2012. This letter provides guidance on calculating the 2013 Federal Ceiling Prices (FCPs), required timelines, and submission instructions.
Additionally, the Office of General Counsel (OGC) has released its final 2012 annual addendum which clarifies questions posed by industry representatives over the course of the year.
Please thoroughly read and review these letters as they provide guidance that is essential to your understanding of this year’s Public Law process.
- This year we will have a dedicated team of FSS contract specialists who will be responsible for processing all PL contract modifications. Please send any Public Law related questions or issues to email@example.com. Your permanent contract specialist will continue to manage all other contract issues or concerns.
- All 2013 Public Law modification requests must be sent to firstname.lastname@example.org and copied to your Public Law contract specialist. Do not send requests directly to your permanent contract specialist. To ensure receipt of your firm’s request for modification, the Subject Line must have the following identifying information:
RFM-Contract Number-PL2013 (e.g. RFM-V797P/D-5555X-PL2013)
Continue to send all non-Public Law modifications to the FSS Help Desk, email@example.com.
Regulations & Guidance
Frequently Asked Questions
Public Law Correspondence Library
Email firstname.lastname@example.org if you experience any technical issues.
Public Law Request for Modification Process
Your Public Law modification request must include:
- Request for Modification Form - Download the Public Law 102-585 2013 Pricing Update request for modification package. This portfolio includes the required RFM, a sample spreadsheet, instructions for completing the spreadsheet, and the 2013 Pharmaceutical Pricing Agreement - Addendum A. Only the prescribed PL forms will be accepted.
- Pre-Populated Spreadsheet - NAC personnel will send your firm’s pre-populated spreadsheet, which will contain your firm’s product and pricing information.
- Pharmaceutical Pricing Agreement Addendum A — Your request must also include the Pharmaceutical Pricing Agreement Addendum A. This document should reflect only the established federal ceiling price for each covered drug line item without the Industrial Funding Fee.
All documents must be submitted no later than Wednesday December 5, 2012, and must be signed by an authorized signatory of the company.
2012 Public Law Timeline for 2013 Covered Drug Pricing Updates
This is an abbreviated timeline. See the PBM DML, and OGC & FSS Guidance for full instructions and due dates.
10/21…Receive Excel workbook with covered drug NDCs from PBM
10/24…Report modifications in the methodologies used to calculate NFAMP to PBM, OGC, and OIG
10/28…Report any disputes of the FSS pricing on 9/30/12 or the old NFAMP entries
11/15…Submit annual NFAMP reports with FY2012, and calendar Q3 2012 calculation results to PBM
11/16…PBM will begin calculating changes in non-FAMP pricing, additional discounts, and 2013 FCP. You will have two business days to dispute or resubmit calculations to PBM, OGC, and OIG.
12/01…Prepare and sign a new PPA Addendum A
12/05…Submit PPA Addendum, RFM, and related documentation to FSS
Modification requests submitted with missing or inaccurate information; or changes to the spreadsheet submitted after December 5, 2012 may have an adjusted effective date of January 15, 2013 or later. As a result, your firm may be subject to the penalties outlined in PL 102-585.