1. (a) In negotiating terms for a supplemental rebate amount, the commission shall consider:

   1. (1) rebates calculated under the Medicaid rebate program in accordance with 42 U.S.C. Section 1396r-8;
   2. (2) any other available information on prescription drug prices or rebates; and
   3. (3) other program benefits as specified in Section 549.0106(b).
2. (b) In negotiating terms for a supplemental rebate, the commission shall use the average manufacturer price as defined in 42 U.S.C. Section 1396r-8(k)(1) as the cost basis for the product.

Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.