The REFUND Act would require the HHS Secretary to gather additional data on rebates, and establish a system to reimburse beneficiaries for discarded drugs. This would include, but would not be limited to including the total cost of any discarded medications, based off the Average Sales Price and notifying the drug’s manufacturer of the requirement to provide a rebate to HHS for 90 percent of the amount of discarded medication. This rebate would be deposited to the Medicare Trust Fund.

Finally,  the REFUND Act would require the HHS Secretary to establish a system to reimburse Medicare beneficiaries for their 20 percent coinsurance share of the cost of discarded drugs.