XML 56 R28.htm IDEA: XBRL DOCUMENT v2.4.0.6
Accounts Payable and Accrued Expenses
12 Months Ended
Dec. 31, 2011
Accounts Payable and Accrued Liabilities, Current [Abstract]  
Accounts Payable and Accrued Expenses Disclosure

14.       Accounts payable and accrued expenses

 December 31,December 31,
 20112010
 $’M $’M
 ________________________________
Trade accounts payable and accrued purchases259.6234.7
Accrued rebates – Medicaid409.8379.6
Accrued rebates – Managed care202.8170.3
Sales return reserve88.869.8
Accrued bonuses103.091.6
Accrued employee compensation and benefits payable59.348.1
R&D accruals52.760.7
Marketing accruals18.226.5
Other accrued expenses176.3158.0
 ________________________________
 1,370.51,239.3
 ________________________________

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. In addition, from October 1, 2010, 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 CMS could disagree with Shire's interpretation of the Medicaid rebate legislation for shipments of authorized generic products 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 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 to initiate litigation to recover any amount paid in excess of the recorded liability. The result of any such litigation cannot be predicted.