XML 72 R20.htm IDEA: XBRL DOCUMENT v2.3.0.15
Accounts Payable and Accrued Expenses
9 Months Ended
Sep. 30, 2011
Accounts Payable and Accrued Expenses 
Accounts Payable and Accrued Expenses Disclosure

10.       Accounts payable and accrued expenses

 September 30,December 31,
 20112010
 $’M $’M
 ________________________________
Trade accounts payable and accrued purchases184.2234.7
Accrued rebates – Medicaid387.3379.6
Accrued rebates – Managed care203.8170.3
Sales return reserve79.469.8
Accrued bonuses86.891.6
Accrued employee compensation and benefits payable73.948.1
R&D accruals66.260.7
Marketing accruals31.326.5
Deferred revenue7.313.7
Other accrued expenses192.5144.3
 ________________________________
 1,312.71,239.3
 ________________________________

There are potentially different interpretations as to how shipments of authorized generic ADDERALL XR to Teva and Impax should be included in the Medicaid rebate calculation. Since authorized generic launch in 2009 the Company has recorded its accrual for Medicaid rebates based on its best estimate of the rebate payable, consistent with the Company's interpretation of the Medicaid rebate legislation. Shire believes that its interpretation of the Medicaid rebate legislation is reasonable and correct. Additionally, from October 1, 2010 forward, provisions of the 2010 Affordable Care Act provide further clarity, in a manner consistent with the Company's interpretation, as to how shipments of authorized generics from that date should be included in the Medicaid rebate calculation.

 

However, the Centers for Medicare and Medicaid Services (“CMS”) could disagree with Shire's interpretation of the Medicaid rebate legislation for shipments of authorized generics prior to October 1, 2010. CMS could require Shire to apply an alternative interpretation of the Medicaid rebate legislation and request that Shire pays up to $212 million above the recorded liability. However, Shire believes it has a strong legal basis supporting its interpretation of the Medicaid rebate legislation, and that there would be a strong basis firstly to limit any additional payment to a level approximating the full, un-rebated cost to the States of ADDERALL XR (equivalent to approximately $134 million above the recorded liability), and secondly to initiate litigation to recover any amount paid in excess of the recorded liability. The result of any such litigation cannot be predicted.