Special Provisions

(1) Payment for Drugs Obtained through the 340B Drug Pricing Program. (a) The payment for drugs other than blood clotting factor obtained through the 340B Drug Pricing Program and dispensed by 340B covered entities is the 340B AAC of the drug plus the appropriate dispensing fee as listed in 101 CMR 331.06. (b) The payment for blood clotting factor obtained through the 340B Drug Pricing Program and dispensed by 340B covered entities is the 340B ceiling price of the drug, plus 2.75¢ per unit (IU/RCo/Fu/mcg) or such other amount as EOHHS may specify via administrative bulletin upon guidance or approval by CMS. (2) Payment for Innovative Programs. Governmental units may elect to purchase drugs pursuant to a written agreement between a provider and the purchasing agency. Such agreement must relate to an innovative program sponsored by the purchasing agency, and is subject to the approval of EOHHS authorizing special payment rates for drugs dispensed pursuant to such agreement.