Hospitals and clinics that serve low income Americans buy certain drugs at a deep discount up front. Under a pilot the federal health agency published on 3rd August, they will pay the full list price first, hand the manufacturer a record of every dose they dispensed, and wait for the money back.
The manufacturer then has 10 calendar days to pay once the claim is complete. The notice adds one sentence. “If the submission is returned for incomplete data, the 10-day clock for rebate payment will restart when all necessary data is submitted.” The party that owes the money decides whether the claim is complete.
Providers told the agency the switch would raise their up front acquisition costs by 20 to 40 times and cost one large health system about $10 million a year in working capital. The agency’s answer is that wholesaler payment usually falls due after the rebate arrives, so it “expects the cash-flow impacts on covered entities to be minimal.”
Manufacturers spent 2024 trying to impose rebates on their own. They lost in district court, and lost again on 21st July when the D.C. Circuit held that the Secretary must provide for a rebate mechanism before anyone may implement one. The court expressly declined to say whether he should approve theirs.
This is the government’s second attempt. Its first pilot approved nine manufacturers in October 2025. A court vacated those approvals on 10th February. The record behind the new one closed on 20th April, 92 days before the appeals court ruled, so the ruling did not produce it.
Plans are due Monday, 24th August. The notice says approvals will be made, “if any,” by 24th September.
Hospital prices have more than tripled since 2000. One reason: dominant health systems use hidden contract terms to block insurers from steering patients toward lower-cost care. Patients pay more when hospitals can avoid competing.
Hospitals now account for roughly a third of all U.S. healthcare spending and 40% of spending growth in recent years. Greater price transparency is one way to start bringing those costs under control.