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Code · BILL · 114th Congress · H.R. 1314 (EAH) — 114 HR 1314 EAH: Bipartisan Budget Act of 2015 · Sec. 602

Sec. 602. Applying the Medicaid additional rebate requirement to generic drugs

424 words·~2 min read·/bill/114/hr/1314/eah/section-602

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Section 1927(c)(3) of the Social Security Act ( 42 U.S.C. 1396r–8(c)(3) ) is amended— in subparagraph (A), by striking The amount and inserting Except as provided in subparagraph (C), the amount ; and by adding at the end the following new subparagraph: The amount of the rebate specified in this paragraph for a rebate period, with respect to each dosage form and strength of a covered outpatient drug other than a single source drug or an innovator multiple source drug of a manufacturer, shall be increased in the manner that the rebate for a dosage form and strength of a single source drug or an innovator multiple source drug is increased under subparagraphs
(A)and
(D)of paragraph (2), except as provided in clause (ii). In applying subparagraphs
(A)and
(D)of paragraph
(2)under clause (i)— the reference in subparagraph (A)(i) of such paragraph to 1990 shall be deemed a reference to 2014 ; subject to clause (iii), the reference in subparagraph (A)(ii) of such paragraph to the calendar quarter beginning July 1, 1990 shall be deemed a reference to the calendar quarter beginning July 1, 2014 ; and subject to clause (iii), the reference in subparagraph (A)(ii) of such paragraph to September 1990 shall be deemed a reference to September 2014 ; the references in subparagraph
(D)of such paragraph to paragraph (1)(A)(ii) , this paragraph , and December 31, 2009 shall be deemed references to subparagraph
(A), this subparagraph , and December 31, 2014 , respectively; and any reference in such paragraph to a single source drug or an innovator multiple source drug shall be deemed to be a reference to a drug to which clause
(i)applies. In applying paragraph (2)(A)(ii)(II) under clause
(i)with respect to a covered outpatient drug that is first marketed as a drug other than a single source drug or an innovator multiple source drug after April 1, 2013, such paragraph shall be applied— by substituting the applicable quarter for the calendar quarter beginning July 1, 1990 ; and by substituting the last month in such applicable quarter for September 1990 . In this subsection, the term applicable quarter means, with respect to a drug described in clause (iii), the fifth full calendar quarter after which the drug is marketed as a drug other than a single source drug or an innovator multiple source drug. . The amendments made by subsection
(a)shall apply to rebate periods beginning after the date that is one year after the date of the enactment of this Act.
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  • 42 USC 1396r–8(c)(3)
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Sec. 602
Applying the Medicaid additional rebate requirement to generic drugs
Cite42 USC 1396r–8(c)(3)
Cites 1Cited by 0 across 0 sources
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