Patented Medicine Prices Review Board Regulatory Affairs and Outreach Branch Regular DIP Methodology – a refresher Ottawa, May 16, 2013 Overview Preparing for a successful Regular DIP Application Benefits Block 5 Canadian price list Invoking the Regular DIP Methodology Administrative forms Application-Related Issues and Solutions Understanding what happens after successfully invoking the Regular DIP 2 CPI Methodology Dealing with future increases Preparing for a successful DIP application 3 Benefits at Introduction Q: How to apply the DIP Methodology when benefits exist at introduction? A: Report customers with and without benefits as separate lines in the Form 2 Block 4 at introduction and as long as benefits are given. The ATP excluding the benefits will be used to calculate the IBP*. 4 Benefits at Introduction Example : customers with and without benefits within the same class 2010: Drug product X introduced to Canadian market on September 1 DIN 1234567; strength/unit 1 MG/TAB; dosage form S1; pack size 10; 1000 packages sold only to hospitals, in Ontario Price to some hospitals: $20.00/tablet Price to other hospitals: $15.00/tablet (contract). MAPP is $20.00$/tablet N-ATP is $17.50/tablet H-ATP is $17.50/tablet 2012: Contract ends. Same quantities sold as in 2010 but price is now $20.00 to all hospitals. N-ATP is now $20/tablet 5 Benefits at Introduction Form 2 Block 4 September-December 2010 4 SALES OF THE MEDICINE BY THE PATENTEE IN FINAL DOSAGE FORM IN CANADA Drug Identification Number (DIN) or Assigned Number Strength/Unit Dosage Form Package Size Number of Packages Sold (2) (3) (3,4) (3,5) (5) 1 INDICATE EITHER (6) Province (4) Class of Customer 1234567 1 MG/TAB S1 10.00 500.00 100000.0000 6 (4) 1 1234567 1 MG/TAB S1 10.00 500.00 75000.0000 6 1 Net Revenue AVG Price/Package N-ATP = $17.50 ; H1-ATP (class without benefits) = $20.00; H2-ATP (class with benefits) = $15.00 Form 2 Block 4 January-June and July-December 2012 4 SALES OF THE MEDICINE BY THE PATENTEE IN FINAL DOSAGE FORM IN CANADA Drug Identification Number (DIN) or Assigned Number Strength/Unit Dosage Form Package Size Number of Packages Sold (2) (3) (3,4) (3,5) (5) 1 INDICATE EITHER (6) Province 1234567 1 MG/TAB S1 10.00 500.00 100000.0000 6 (4) 1 1234567 1 MG/TAB S1 10.00 500.00 100000.0000 6 1 Net Revenue AVG Price/Package N-ATP = $20.00; H1-ATP = $20.00; H2-ATP = $20.00 When invoking the Regular DIP Methodology, the H1-ATP in 2010 (class without benefits) will be used to calculate the IBP* in 2012 6 (4) Class of Customer Block 5 Canadian list price Are you selling above your list price? Form 2 Block 5 Canada ATP 2009 $20.00 $20.00 2010 $20.00 $19.00 2011 $20.00 $19.00 2012 $20.00 $21.00 Patentees are reminded to ensure that the reported Block 5 and Block 4 data are accurate. An ATP cannot be higher than the list price. 7 Block 5 Canadian list price Block 5 prices as originally filed No more benefits in 2012 – investigation Regular DIP Methodology not successful; ATP>IBP* Form 2 Bl5 Canada 8 2007 2008 $20.0000 $20.6000 2009 $20.6000 2010 $20.6000 2011 $20.6000 2012 $20.9000 % Bl5 increase 3.0% % annual CPI 2.4% 0.3% 1.8% 2.9% 1.5% 1.4% IBP/IBP* $20.0000 $20.4800 $20.4800 $20.4800 $20.4800 $20.7664 N-ATP $20.0000 $19.0000 $18.0000 $17.0000 $17.0000 $21.0000 MAPP/N-NEAP $20.0000 $20.4800 $19.0950 $18.4860 $17.7480 $17.3910 Block 5 Canadian list price Prices reported in Part B (copies of list prices provided) No more benefits in 2012 – investigation Regular DIP Methodology successful; ATP<IBP* Prices reported in Part B 2007 2008 2009 2010 2011 2012 $20.0000 $20.6000 $20.6000 $20.6000 $20.9000 $21.2000 1.5% 1.4% (and substantiated) 9 % Bl5 increase 3.0% % annual CPI 2.4% 0.3% 1.8% 2.9% 1.5% IBP/IBP* $20.0000 $20.4800 $20.4800 $20.4800 $20.7872 $21.0782 N-ATP $20.0000 $19.0000 $18.0000 $17.0000 $17.0000 $21.0000 N-NEAP $20.0000 $20.4800 $19.0950 $18.4860 $17.7480 $17.3910 Invoking the Regular DIP Methodology 10 Application forms APPLICATION FORM TO INVOKE THE DIP METHODOLOGY Which methodology are you invoking: Simplified DIP Regular DIP (Please complete Part A only) (Please complete Part A and Part B) PART A Product Information Brand Name: DIN: Generic Name: Strength/Unit: Period of Review: Background Information: Please describe the circumstances that support the application of the DIP methodology to this DIN 11 Application forms Description of the benefit: Please indicate when the benefit commenced and was terminated, the type and value of the benefit, customer classes that received it, whether there are on-going benefits, etc. Certified by I hereby certify that the information presented is true and correct. Signature of duly authorized person for the reporting patentee: Name: Title: Organization: Date: Tel Number: ( ) Fax Number: ( ) E-mail: Please send the completed Form to the PMPRB Senior Regulatory Officer assigned to your company 12 Application forms Part A: as described previously Part B PART B Price Increase Chart Year 1 List Price (price/unit) % List Price Increase Maximum Selling Price/Unit Effective Date of List Price increase 13 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Regular DIP application Patented drug product has been sold to various customers since April 1, 2007. Its price became under investigation in 2012. Patentee believes that Regular DIP Methodology can be applied. Only one List Price $20.00/tab in 2007, 2008 and 2009 $21.00/tab in 2010, 2011 and 2012 Price increase was effective as of April 1st 2010 Maximum selling price was list price 14 Regular DIP application PART A Drug product information, background and description of benefit to be provided as required in the Form PART B Price Increase Chart 2007 List Price (price/unit) 20.00 2008 20.00 20.00 2009 20.00 Effective Date of List Price increase 21.00 2011 2012 21.00 21.00 21.00 21.00 5.00% % List Price Increase Maximum Selling Price/Unit 2010 20.00 20.00 20.00 20.00 21.00 1-Apr-10 Copies of the List Price to be provided for each year reported in the Price Increase Chart 15 Regular DIP application Patented drug product has been sold to various customers since April 1, 2007. Its price became under investigation in 2012. Patentee believes that Regular DIP Methodology can be applied. Two List Prices: Wholesaler $20.00/tab in 2007, 2008 and 2009 Quebec $21.00/tab in 2010, 2011 and 2012 $15.00/tab in 2007, 2008 and 2009 $15.60/tab in 2010, 2011 and 2012 Price increases were effective as of April 1st 2010 Maximum selling price was list price: 16 Regular DIP application PART A Drug product information, background and description of benefit to be provided as required in the Form PART B Price Increase Chart 2007 List Price (price/unit) 20.00 2008 20.00 20.00 2009 20.00 20.00 20.00 20.00 20.00 List Price (price/unit) 2007 15.00 2008 15.00 15.00 2009 15.00 Effective Date of List Price increase 21.00 21.00 21.00 21.00 21.00 2010 15.60 2011 15.60 15.60 15.00 15.00 15.00 15.00 15.60 15.60 15.60 1-Apr-10 Copies of the List Price to be provided for each year reported in the Price Increase Chart 17 2012 4.00% % List Price Increase Maximum Selling Price/Unit 2012 1-Apr-10 Effective Date of List Price increase Quebec 21.00 2011 5.00% % List Price Increase Maximum Selling Price/Unit 2010 Regular DIP Methodology: Calculation of IBP* To calculate the IBP*, Board Staff applies the lower of the 1) CPI Methodology and 2) The Block 5 increases *Subject to the Highest International Price However there are two “Quick tips”. 18 Regular DIP Methodology: Calculation of IBP* Quick Tip 1: Block 5 Canada price increase vs. annual (one year) CPI Use lower of : annual (one year) CPI and % increase of Form 2 Block 5 Canada price Form 2 Bl5 Canada 2008 $20.0000 $20.6000 % Bl5 increase 3.0% % annual CPI 2.4% IBP/IBP* 19 2007 $20.0000 $20.4800 Regular DIP Methodology: Calculation of IBP* Quick Tip 2: No increase in Form 2 Block 5 Canada price for at least 3 years Use lower of: Cap % increase in Form 2 Block 5 Form 2 Bl5 Canada 2007 2008 2009 2010 2011 2012 $20.0000 $20.0000 $20.0000 $20.0000 $20.0000 $20.5000 2.5% % Bl5 increase Cap IBP/IBP* 20 $20.0000 3.6% 0.5% 2.7% 4.4% 2.3% $20.0000 $20.0000 $20.0000 $20.0000 $20.4600 Regular DIP Methodology: Calculation of IBP* When Form 2 Block 5 Canada price increases every year, CPIAdjustment Methodology considered. 2007 2008 2009 2010 2011 2012 $20.0000 $20.5000 $20.5615 $20.8700 $21.2875 $21.6068 % Bl5 increase 2.5% 0.3% 1.8% 2.0% 1.5% % annual CPI 2.4% 0.3% 1.8% 2.9% 1.5% % Cap 3.6% 0.5% 2.7% 4.4% 2.3% % CPI Adj. Factor 2.4% 2.7% 4.5% 5.1% 6.3% Form 2 Bl5 Canada IBP/IBP* $20.0000 $20.4800 $20.5414 $20.9000 $21.3180 $21.6378 N-ATP $20.0000 $19.5000 $19.0000 $18.5000 $18.0000 $21.5000 N-NEAP $20.0000 $20.4800 $19.5975 $19.5130 $19.3140 $18.4140 2010 CPI CAP % Bl5 increase 21 20.0000 X 1.045 = 20.9000 20.5414 X 1.027 = 21.0960 20.5414 X 1.018 = 20.9111 Regular DIP Methodology: Calculation of IBP* Block 5 Canada price decrease Form 2 Bl5 Canada 2007 2008 $20.0000 $19.5000 % Bl5 increase 2.4% % annual CPI IBP/IBP* 22 $20.0000 $19.5000 DIN previously sold Q: In cases involving the acquisition of a patented drug product prior to January 1, 2010, what is the appropriate Introductory Benchmark Price (IBP) where a patentee acquires a DIN(s) that had been previously sold by another patentee? A: The IBP for the product sold by the second patentee would be equal to the IBP for the product sold by the first patentee provided the second patentee receives this information from the first patentee. 23 Understanding what happens after successfully invoking the Regular DIP 24 What happens after successfully invoking the Regular DIP Methodology? A: Change the year in which the Regular DIP is applied to year 1 for the purposes of the CPIAdjustment Methodology. YR 1 - DIP successfully applied and N-NEAP = N-ATP Excess revenue = 0 YR 2 - N-NEAP = YR 1 N-NEAP/N-ATP + CPI methodology 25 Regular DIP Methodology Regular DIP applied in 2010 (Year 1) List Price Canada 26 2007 2008 2009 2010 – Yr. 1 2011 – $20.0000 $20.5000 $20.5000 $20.5000 $20.5000 1.5% % list price increase 2.5% % annual CPI 2.4% 0.3% 1.8% Cap 3.6% 0.5% 2.7% IBP/IBP* $20.0000 $20.4800 $20.4800 $20.4800 N-ATP $20.0000 $19.0000 $18.0000 $20.0500 N-NEAP $20.0000 $19.4560 $18.4860 $20.0500 Yr. 2 $20.4800 $20.3508 Regular DIP Methodology: Scenario 1 Scenario 1 – Year 2 N-ATP < Year 2 N-NEAP List Price Canada 27 2007 2008 2009 2010 – Yr. 1 2011 – $20.0000 $20.5000 $20.5000 $20.5000 $20.5000 1.5% % list price increase 2.5% % annual CPI 2.4% 0.3% 1.8% Cap 3.6% 0.5% 2.7% Yr. 2 IBP/IBP* $20.0000 $20.4800 $20.4800 $20.4800 $20.4800 N-ATP $20.0000 $19.0000 $18.0000 $20.0500 $20.2500 N-NEAP $20.0000 $19.4560 $18.4860 $20.0500 $20.3508 Regular DIP Methodology: Scenario 2 Scenario 2 – Year 2 N-ATP > Year 2 N-NEAP, But < IBP* List Price Canada 28 2007 2008 2009 2010 – Yr. 1 2011 – $20.0000 $20.5000 $20.5000 $20.5000 $20.5000 1.5% % list price increase 2.5% % annual CPI 2.4% 0.3% 1.8% Cap 3.6% 0.5% 2.7% Yr. 2 IBP/IBP* $20.0000 $20.4800 $20.4800 $20.4800 $20.4800 N-ATP $20.0000 $19.0000 $18.0000 $20.0500 $20.4500 N-NEAP $20.0000 $19.4560 $18.4860 $20.0500 $20.3508 Regular DIP Methodology: Scenario 2 Post Regular DIP application in Year 2 Scenario 2 – Year 2 N-ATP > Year 2 N-NEAP, But < IBP* List Price Canada 29 2007 2008 2009 2010 – Yr. 1 2011 – $20.0000 $20.5000 $20.5000 $20.5000 $20.5000 1.5% % list price increase 2.5% % annual CPI 2.4% 0.3% 1.8% Cap 3.6% 0.5% 2.7% Yr. 1 IBP/IBP* $20.0000 $20.4800 $20.4800 $20.4800 $20.4800 N-ATP $20.0000 $19.0000 $18.0000 $20.0500 $20.4500 N-NEAP $20.0000 $19.4560 $18.4860 $20.0500 $20.4500 Regular DIP Methodology: Scenario 3 Scenario 3 – Year 2 N-ATP > N-NEAP, and > IBP* - no list price increase in Year 2 List Price Canada 30 2007 2008 2009 2010 – Yr. 1 2011 – $20.0000 $20.5000 $20.5000 $20.5000 $20.5000 1.5% % list price increase 2.5% % annual CPI 2.4% 0.3% 1.8% Cap 3.6% 0.5% 2.7% Yr. 2 IBP/IBP* $20.0000 $20.4800 $20.4800 $20.4800 $20.4800 N-ATP $20.0000 $19.0000 $18.0000 $20.0500 $20.7500 N-NEAP $20.0000 $19.4560 $18.4860 $20.0500 $20.3508 Regular DIP Methodology: Scenario 4 Scenario 4 – Year 2 N-ATP > N-NEAP and > IBP*, However - list price increase in Year 2 List Price Canada 31 2007 2008 2009 2010 – Yr. 1 2011 – $20.0000 $20.5000 $20.5000 $20.5000 Yr. 2 $20.8075 % list price increase 2.5% % annual CPI 2.4% 0.3% 1.8% 1.5% Cap 3.6% 0.5% 2.7% 2.25% 1.5% IBP/IBP* $20.0000 $20.4800 $20.4800 $20.4800 N-ATP $20.0000 $19.0000 $18.0000 $20.0500 $20.7500 N-NEAP $20.0000 $19.4560 $18.4860 $20.0500 $20.3508 Regular DIP Methodology: Scenario 4 Scenario 4 – Year 2 N-ATP > N-NEAP and > IBP*, However - list price increase in Year 2 List Price Canada 32 2007 2008 2009 2010 – Yr. 1 2011 – $20.0000 $20.5000 $20.5000 $20.5000 Yr. 1 $20.8075 % list price increase 2.5% % annual CPI 2.4% 0.3% 1.8% 1.5% Cap 3.6% 0.5% 2.7% 2.25% 1.5% IBP/IBP* $20.0000 $20.4800 $20.4800 $20.4800 $20.7872 N-ATP $20.0000 $19.0000 $18.0000 $20.0500 $20.7500 N-NEAP $20.0000 $19.4560 $18.4860 $20.0500 $20.7500 Considerations and General Reminders DIP has to be applied for – the forms must be filled out Pay attention and consider changes to CPI Product must be sold at list price – Block 4 sale Pay attention to your Block 5 data and your MAPP at introduction HIPC is always a factor Your SRO (Senior Regulatory Officer assigned to your company) is always available for discussion on specific issues 33 QUESTIONS ? 34