August 21, 2015

The Patient Protection and Affordable Care Act (PPACA) AMP Final Rule at the Office of Management and Budget

From: CIS | Deloitte

On August 4, 2015, the long-awaited Average Manufacturer Price (AMP) Final Rule was sent to the Office of Information and Regulatory Affairs (OIRA) (a division of the Office of Management and Budget) for Executive Order (EO) 12866 Regulatory Review. EO 12866 requires OIRA review for all significant regulatory actions before the actions can take effect. Pursuant to EO 12866, the period for OIRA review is limited to 90 days, and the review period may be extended indefinitely by the head of the rulemaking agency. Alternatively, the OMB Director may extend the review period on a one-time basis for no more than 30 days. While EO 12866 establishes a maximum period for review by OIRA, there is no minimum period, therefore, we could see a final rule anytime between now and early November 2015.

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