Disputes

Updated 11/15/2024. For the most up-to-date information on how to submit an Error Report, please visit the CMS Discarded Drugs page.

Manufacturers of Part B drugs may submit a dispute (referred to as an error report) to assert that there have been one or more errors in the refund report. Manufacturers have 30 days after receipt of their refund report(s) to submit an error report. To submit a dispute for each asserted error, provide the following information in a written request to DiscardedDrugs@cms.hhs.gov within 30 days of receiving the refund report/invoices:

• Manufacturer name and address
• Name, telephone, and email address of one or more employees of the manufacturer
• For a mathematical calculation error, include:
  • The specific calculation element(s) that the manufacturer disputes
  • The proposed corrected calculation • For any other asserted error, include:
• An explanation of the nature of the error
  • How the error affects the refund calculation
  • An explanation of why the manufacturer believes that an error occurred
  • The proposed correction to the error
  • An explanation of why CMS should use the proposed corrected data

CMS will contact you should any additional information be required for your dispute. Payment will be due 30 days from the date of dispute resolution or the original invoice due date, whichever is later.