The Defense Health Agency (DHA) sent out the utilization data so that Pharmaceutical Manufacturers may calculate refunds due to pursuant to 32 CFR § 199.21 and to enable timely resolution of manufacturer disputes. The DHA resolved pending waiver/compromise requests when sending out letters for 1Q CY2008- 2Q CY2009. At the present time, the DHA is only considering compromise of debt resulting from increased billings of drugs covered by VARRs executed prior to January 28, 2008.

The appeal is no longer pending. On January 4, 2013, the U.S. Court of Appeals affirmed the District Court's decision that DoD has the authority to require funds from manufacturers going back to January 29, 2008. View the Court of Appeals for the District of Columbia Circuit Opinion

The Defense Health Agency (DHA) will strive to meet the scheduled utilization file release date for each quarter; however, billing schedules are subject to change. The DHA will notify the Pharmaceutical Manufacturers when the actual quarter utilization files are released and update the schedule with the actual date. View the Billing Schedule

Recalculations for CY2008 and the first two quarters of CY2009 are derived using per package methodology. Beginning with 3QCY2009, any recalculations will be based on the refund calculation method (unit vs. FCP Package Size) selected by the manufacturer on their DoD Retail Refunds Pricing Agreement. If no method is selected, the calculation method will default to FCP Package Size.

Based on prior payments received, if an overpayment exists, the Defense Health Agency (DHA) will not issue a refund of any overage balances. The DHA will be applying additional monies received over and above the original calculations to NDCs that still have outstanding balances. The additional amount of the overpayment will be held until future communication is received from the Pharmaceutical Manufacturer. Please contact your DHA assigned Financial Manager in Aurora to coordinate the applying of these funds to any outstanding balances in subsequent quarters.

The manufacturer that owned the drug at the time of dispensing will be invoiced.

Disputes of the accuracy of the TRICARE utilization data should be entered into the TRICARE Retail Refunds Website via the manufacturer's covered drug page.

The Defense Health Agency (DHA) responded to waiver/compromise requests for 1QCY2008 - 2QCY2009 refund debt in late 2012. At the present time, the DHA is only considering compromise of debt resulting from increased billings of drugs covered by VARRs executed prior to January 8, 2008.