Sec. 501. Payment for biosimilar biological products during initial period

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Section 1847A(c)(4) of the Social Security Act (42 U.S.C. 1395w–3a(c)(4)) is amended— in each of subparagraphs

(A)and (B), by redesignating clauses

(i)and

(ii)as subclauses

(I)and (II), respectively, and moving such subclauses 2 ems to the right; by redesignating subparagraphs

(A)and

(B)as clauses

(i)and

(ii)and moving such clauses 2 ems to the right; by striking and inserting “ unavailable .—In the case unavailable .— Subject to subparagraph (B), in the case ; and by adding at the end the following new subparagraph: In the case of a biosimilar biological product furnished on or after July 1, 2023, in lieu of applying subparagraph

(A)during the initial period described in such subparagraph with respect to the biosimilar biological product, the amount payable under this section for the biosimilar biological product is the lesser of the following: The amount determined under clause

(ii)of such subparagraph for the biosimilar biological product. The amount determined under subsection (b)(1)(B) for the reference biological product. .

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42 USC 1395w–3a(c)(4)

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Sec. 501

Payment for biosimilar biological products during initial period

Cite42 USC 1395w–3a(c)(4)

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