Accounts Receivable, Sales and Allowances | Note 4. Accounts Receivable, Sales and Allowances The nature of the Company’s business inherently involves, in the ordinary course, significant amounts and substantial volumes of transactions and estimates relating to allowances for product returns, chargebacks, rebates, doubtful accounts and discounts given to customers. This is typical of the pharmaceutical industry and not necessarily specific to the Company. Depending on the product, the end‑user customer, the specific terms of national supply contracts and the particular arrangements with the Company’s wholesale customers, certain rebates, chargebacks and other credits are deducted from the Company’s accounts receivable. The process of claiming these deductions depends on wholesalers reporting to the Company the amount of deductions that were earned under the terms of the respective agreement with the end‑user customer (which in turn depends on the specific end‑user customer, each having its own pricing arrangement, which entitles it to a particular deduction). This process can lead to partial payments against outstanding invoices as the wholesalers take the claimed deductions at the time of payment. Accounts receivable result primarily from sales of pharmaceutical products, amounts due under revenue sharing, license and royalty arrangements, which inherently involves, in the ordinary course of business, estimates relating to allowances for product returns, chargebacks, rebates, doubtful accounts and discounts given to customers. Credit is extended based on the customer’s financial condition, and, generally, collateral is not required. The Company ages its accounts receivable using the corresponding sale date of the transaction and considers accounts past due based on terms agreed upon in the transaction, which is generally 30 to 60 days for branded and generic sales, depending on the customer and the products purchased. With the exception of the provision for doubtful accounts, which is reflected as part of selling, general and administrative expense, the provisions for the following customer reserves are reflected as a reduction of revenues in the accompanying Condensed Consolidated Statements of Operations and Comprehensive Loss. Trade accounts receivable, net consists of the following: September 30, December 31, 2018 2017 Gross trade accounts receivable Trade accounts receivable $ 128,869,712 $ 110,592,198 Royalty accounts receivable 2,125,758 4,002,272 Other receivable — 184,808 Less reserves for: Chargebacks (30,612,518) (32,342,377) Commercial rebates (23,877,097) (39,233,419) Discounts and allowances (3,274,171) (3,484,587) Doubtful accounts (513,413) (2,080,938) Total trade accounts receivable, net $ 72,718,271 $ 37,637,957 The Company recorded the following adjustments to gross product sales: Three Months Ended September 30, Nine Months Ended September 30, 2018 2017 2018 2017 Gross product sales $ 225,747,442 $ 172,712,184 $ 688,398,828 $ 437,006,141 Less provisions for: Chargebacks (87,655,437) (51,622,571) (261,081,159) (140,521,777) Government rebates (5,231,672) (10,687,540) (15,574,538) (22,113,361) Commercial rebates (59,217,332) (42,214,629) (182,605,338) (78,918,807) Product returns (2,418,150) (8,653,792) (13,979,253) (18,467,177) Discounts and allowances (4,545,341) (3,904,313) (14,987,285) (10,543,788) Advertising and promotions (1,235,692) (951,142) (3,907,589) (3,537,794) Net product sales $ 65,443,818 $ 54,678,197 $ 196,263,666 $ 162,903,437 The activity in the Company’s allowance for customer deductions against trade accounts receivable is as follows: Discounts Commercial and Doubtful Chargebacks Rebates Allowances Accounts Total Balance at December 31, 2017 $ 32,342,377 $ 39,233,419 $ 3,484,587 $ 2,080,938 $ 77,141,321 Provision 261,081,159 182,605,338 14,987,285 (1,293,005) 457,380,777 Charges processed (262,811,018) (197,961,660) (15,197,701) (274,520) (476,244,899) Balance at September 30, 2018 $ 30,612,518 $ 23,877,097 $ 3,274,171 $ 513,413 $ 58,277,199 The activity in the Company’s accrued liabilities for customer deductions by account is as follows: Product Government Returns Rebates Total Balance at December 31, 2017 $ 43,299,324 $ 14,151,714 $ 57,451,038 Provision 13,979,253 15,574,538 29,553,791 Charges processed (12,647,618) (18,386,934) (31,034,552) Balance at September 30, 2018 $ 44,630,959 $ 11,339,318 $ 55,970,277 Provisions and utilizations of provisions activity in the current period which relate to the prior period revenues are not provided because to do so would be impracticable. The current systems and processes of the Company do not capture the chargeback and rebate settlements by the period in which the original sales transaction was recorded. The Company uses a combination of factors and applications to estimate the dollar amount of reserves for chargebacks and rebates at each month end. Variable consideration is included in the transaction price only to the extent a significant reversal in the amount of cumulative revenue recognized is not probable of occurring when the uncertainty associated with the variable consideration is subsequently resolved. The Company regularly monitors the reserves based on an analysis of the Company’s product sales and most recent claims, wholesaler inventory, current pricing, and anticipated future pricing changes. If amounts are different from the estimate due to changes from estimated rates, accrual rate adjustments are considered prospectively when determining provisions in accordance with authoritative GAAP. |