In order to receive federal funds for out-patient prescription claims, all drugs on the Texas Medicaid Formulary must be made by a drug manufacturer participating in the CMS Drug Rebate Program. In return for having their drugs covered by state Medicaid programs, the manufacturer agrees to pay rebates according to their state and federal contracts.

Form Name Form Number
CHIP Drug Rebate Agreement (PDF) HHS 1337
CSHCN Drug Rebate Agreement (PDF) HHS 1343
KHC Program Drug Rebate Agreement HHS 1329
Value-Based Agreement Concept HHS 1402

Medicaid Drug Rebate Program

The Medicaid Drug Rebate Program requires drug manufacturers to sign a rebate contract with the Center for Medicare and Medicaid Services’ (CMS).  Manufacturers must pay rebates to the states based on the number of units of their product paid for by the state, and the states in turn, must cover the drug manufacturers' products.  The drug rebates apply to drugs supplied to people enrolled in either traditional Medicaid or Medicaid managed care either through a contracted pharmacy or administered by a contracted physician/clinician.

Supplemental Medicaid Drug Rebate Program

The Supplemental Drug Rebate Program works in conjunction with the Texas Medicaid Preferred Drug List (PDL).  In order for a manufacturer's product to be included on the PDL, a manufacturer must agree to pay an additional, supplemental rebate amount on their products.  Prescribing providers that prescribe a manufacturer's product that is in a reviewed class, but were not selected as the preferred drug, are required to obtain a prior authorization for the non-preferred product.

CHIP Drug Rebate Program

Manufacturers complete and sign the CHIP Drug Rebate Agreement and return two originals to the appropriate rebate administration contact to participate in the CHIP Drug Rebate Program.

CSHCN and KHC Drug Rebate Programs

The Kidney Health Care program provides wrap-around Part D coverage for eligible people. CMS has classified this program as a State Pharmaceutical Assistance Plan (SPAP).

Manufacturers complete and sign two originals of the CSHCN Drug Rebate Agreement or KHC Drug Rebate Agreement and return two originals to the appropriate rebate administration contact to participate in either the CSHCN Drug Rebate Program or KHC Drug Rebate Program.

Other Contacts

Rebate contracts requiring manufacturer pricing or inquiries about manufacturer payments should be directed to the appropriate rebate administration contact.