Bausch + Lomb routinely enters into product discount and rebate agreements with healthcare organizations (HCOs), including but not limited to commercial and government health plans, pharmacy benefit managers, government healthcare programs, group purchasing organizations, integrated delivery networks, hospitals, other providers, and individual practice purchasers. These agreements offer rebates and price concessions on Bausch + Lomb products purchased by the customer or, in the case of a payer, used by the payer’s members.
Bausch + Lomb routinely enters into product discount and rebate agreements with healthcare organizations (HCOs), including but not limited to commercial and government health plans, pharmacy benefit managers, government healthcare programs, group purchasing organizations, integrated delivery networks, hospitals, other providers, and individual practice purchasers. These agreements offer rebates and price concessions on Bausch + Lomb products purchased by the customer or, in the case of a payer, used by the payer’s members.
This section outlines general requirements for product discount and rebate arrangements to ensure all agreements comply with applicable laws and regulations, including but not limited to the federal Anti-Kickback Statute (AKS), the Personal Safe Harbor, and the AKS discount safe harbor.
This section outlines general requirements for product discount and rebate arrangements to ensure all agreements comply with applicable laws and regulations, including but not limited to the federal Anti-Kickback Statute (AKS), the Personal Safe Harbor, and the AKS discount safe harbor.
Contractual Arrangement Discussions by appropriate Bausch + Lomb Colleagues
Only designated Bausch + Lomb colleagues whose responsibilities specifically include activities related to product contractual agreements, and who have received appropriate training, are authorized to engage in discussions concerning contractual arrangements. Such discussions may include initiating, negotiating, or discussing product contractual agreements.
Only identified, trained, and approved personnel (such as Corporate and National Account Managers and Trade Directors) may negotiate discounts, price concessions, and other pricing matters with healthcare organizations (HCOs), including retail, long-term care, or specialty pharmacies. These negotiations must adhere to pre-approved pricing ranges established by
Bausch + Lomb’s Pricing Governance Committee.
Colleagues without these specific responsibilities or training must not engage in contractual discussions with customers. Contractual arrangements should be managed by the designated Bausch + Lomb team and comply with all company policies.
When discussing pricing, authorized personnel must comply with all relevant laws and regulations, including but not limited to the Anti-Kickback Statute (AKS), AKS discount safe harbor, and government price reporting requirements. Bausch + Lomb colleagues are prohibited from discussing grants, charitable contributions, sponsorships, service agreements (such as consulting, speaking, or data purchase agreements), collaborations, patient access resources, clinical trial or research agreements, or any other off-invoice items in connection with product contracting negotiations.
Contractual Arrangement Discussions by appropriate Bausch + Lomb Colleagues
Only designated Bausch + Lomb colleagues whose responsibilities specifically include activities related to product contractual agreements, and who have received appropriate training, are authorized to engage in discussions concerning contractual arrangements. Such discussions may include initiating, negotiating, or discussing product contractual agreements.
Only identified, trained, and approved personnel (such as Corporate and National Account Managers and Trade Directors) may negotiate discounts, price concessions, and other pricing matters with healthcare organizations (HCOs), including retail, long-term care, or specialty pharmacies. These negotiations must adhere to pre-approved pricing ranges established by
Bausch + Lomb’s Pricing Governance Committee.
Colleagues without these specific responsibilities or training must not engage in contractual discussions with customers. Contractual arrangements should be managed by the designated Bausch + Lomb team and comply with all company policies.
When discussing pricing, authorized personnel must comply with all relevant laws and regulations, including but not limited to the Anti-Kickback Statute (AKS), AKS discount safe harbor, and government price reporting requirements. Bausch + Lomb colleagues are prohibited from discussing grants, charitable contributions, sponsorships, service agreements (such as consulting, speaking, or data purchase agreements), collaborations, patient access resources, clinical trial or research agreements, or any other off-invoice items in connection with product contracting negotiations.
Due Diligence and Eligibility
Bausch + Lomb colleagues must perform appropriate due diligence when entering into product discount agreements with HCOs and other customers and document this diligence adequately (e.g., financial evaluations, business case presentations, meeting minutes). The extent of due diligence may vary depending on the arrangement type.
For arrangements involving administrative fees, colleagues must evaluate whether the fee corresponds to a bona fide service meeting requirements of the AKS personal services safe harbor and government price reporting standards. Compliance should be consulted as needed.
Only appropriate Managed Markets colleagues are authorized to conduct return on investment (ROI) analyses related to customer performance under product discount contracts.
Bausch + Lomb must not engage with a customer serving as a service provider solely because the customer is or may become a significant purchaser or prescriber.
Written Agreements
All product discount or rebate agreements must include:
Due Diligence and Eligibility
Bausch + Lomb colleagues must perform appropriate due diligence when entering into product discount agreements with HCOs and other customers and document this diligence adequately (e.g., financial evaluations, business case presentations, meeting minutes). The extent of due diligence may vary depending on the arrangement type.
For arrangements involving administrative fees, colleagues must evaluate whether the fee corresponds to a bona fide service meeting requirements of the AKS personal services safe harbor and government price reporting standards. Compliance should be consulted as needed.
Only appropriate Managed Markets colleagues are authorized to conduct return on investment (ROI) analyses related to customer performance under product discount contracts.
Bausch + Lomb must not engage with a customer serving as a service provider solely because the customer is or may become a significant purchaser or prescriber.
Written Agreements
All product discount or rebate agreements must include:
Invoicing
Bausch + Lomb invoices for direct-purchase agreements must accurately reflect all upfront discounts and include language informing customers of their potential obligation to report discounts and price concessions to government entities when claiming costs or charges.
Review and Approval
Before initiating discount discussions,
Bausch + Lomb colleagues must consult with Managed Markets and the Legal Department. All product discount agreements must be reviewed by appropriate functions, including Managed Markets, Legal, Compliance, Finance, and Pricing. Discounts and price concessions must follow Bausch + Lomb’s approved procedures. The Pricing and Governance Committee oversees all strategic, operational, and regulatory pricing and contracting matters and maintains policies to ensure compliant pricing management.
Review by the Pricing and Governance Committee may be required for changes to terms and conditions, administrative fees, pricing outside approved guidelines, or contract modifications during the agreement term. Refer to the Pricing and Governance Committee Process for more details.
Records Retention
Documentation supporting product discount arrangements must be maintained by the responsible department in accordance with Bausch + Lomb’s document retention policies. It is the retaining department’s responsibility to record and store all required documentation.
Invoicing
Bausch + Lomb invoices for direct-purchase agreements must accurately reflect all upfront discounts and include language informing customers of their potential obligation to report discounts and price concessions to government entities when claiming costs or charges.
Review and Approval
Before initiating discount discussions,
Bausch + Lomb colleagues must consult with Managed Markets and the Legal Department. All product discount agreements must be reviewed by appropriate functions, including Managed Markets, Legal, Compliance, Finance, and Pricing. Discounts and price concessions must follow Bausch + Lomb’s approved procedures. The Pricing and Governance Committee oversees all strategic, operational, and regulatory pricing and contracting matters and maintains policies to ensure compliant pricing management.
Review by the Pricing and Governance Committee may be required for changes to terms and conditions, administrative fees, pricing outside approved guidelines, or contract modifications during the agreement term. Refer to the Pricing and Governance Committee Process for more details.
Records Retention
Documentation supporting product discount arrangements must be maintained by the responsible department in accordance with Bausch + Lomb’s document retention policies. It is the retaining department’s responsibility to record and store all required documentation.
When contracting with specific customers (e.g., group purchasing organizations, payers),
Bausch + Lomb colleagues should consult the Contracts and Analytics team and the Legal Department as necessary. Below are general pricing guidelines; see Bausch + Lomb’s Pricing and Governance Policies and Procedures for comprehensive guidance.
Discounts and bundled or multi-product rebates must comply with all applicable laws, including the Anti-Kickback Statute.
When contracting with specific customers (e.g., group purchasing organizations, payers),
Bausch + Lomb colleagues should consult the Contracts and Analytics team and the Legal Department as necessary. Below are general pricing guidelines; see Bausch + Lomb’s Pricing and Governance Policies and Procedures for comprehensive guidance.
Discounts and bundled or multi-product rebates must comply with all applicable laws, including the Anti-Kickback Statute.
Price Reporting
Authorized personnel must ensure pricing negotiations comply with internal approval processes and government price reporting obligations. Accurate reporting of prices and concessions to relevant government entities is required.
When calculating Best Price, Bausch + Lomb must include all cash discounts, free goods contingent on purchases, volume discounts, rebates (aside from those under the Medicaid Drug Rebate Program), and other price concessions or benefits offered to induce sales.
Administrative Fees and Services
Bausch + Lomb may pay administrative fees to customers for legitimate services related to rebate administration or contract management for product purchases or utilization.
Administrative fees must:
All price concessions and administrative fees provided to payers must comply with government price reporting requirements, including reporting average sales price, average manufacturer price, and Best Price to the Centers for Medicare & Medicaid Services.
Price Reporting
Authorized personnel must ensure pricing negotiations comply with internal approval processes and government price reporting obligations. Accurate reporting of prices and concessions to relevant government entities is required.
When calculating Best Price, Bausch + Lomb must include all cash discounts, free goods contingent on purchases, volume discounts, rebates (aside from those under the Medicaid Drug Rebate Program), and other price concessions or benefits offered to induce sales.
Administrative Fees and Services
Bausch + Lomb may pay administrative fees to customers for legitimate services related to rebate administration or contract management for product purchases or utilization.
Administrative fees must:
All price concessions and administrative fees provided to payers must comply with government price reporting requirements, including reporting average sales price, average manufacturer price, and Best Price to the Centers for Medicare & Medicaid Services.
Bausch + Lomb is committed to competing fairly based on product quality and merit, not through unfair business practices. We support free and open markets and comply with competition laws in all regions where we operate.
To adhere to U.S. antitrust laws, Bausch + Lomb colleagues must never discuss with competitors or multiple accounts any current or future pricing or pricing strategies, profit or cost projections, business or promotional plans, bidding policies, contract bids, or future research intentions.
U.S. antitrust laws prohibit offering products of similar grade and quality to competing customers at different prices if it harms competition. Bausch + Lomb must offer similarly situated customers equivalent prices and discounts unless a valid exception or defense applies.
Bausch + Lomb is committed to competing fairly based on product quality and merit, not through unfair business practices. We support free and open markets and comply with competition laws in all regions where we operate.
To adhere to U.S. antitrust laws, Bausch + Lomb colleagues must never discuss with competitors or multiple accounts any current or future pricing or pricing strategies, profit or cost projections, business or promotional plans, bidding policies, contract bids, or future research intentions.
U.S. antitrust laws prohibit offering products of similar grade and quality to competing customers at different prices if it harms competition. Bausch + Lomb must offer similarly situated customers equivalent prices and discounts unless a valid exception or defense applies.
The website you are about to visit is not affiliated with Bausch + Lomb Incorporated. Bausch + Lomb is not responsible for the content, format, maintenance, or policies of the website you are about to enter and does not monitor non-affiliated websites for accuracy. Links to non-affiliated websites are provided as a convenience; they do not constitute an endorsement or support of any programs, products, or services associated with the website.
