Sec. 1404. BRAND NAME PHARMACEUTICALS
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## SEC. 1404 BRAND NAME PHARMACEUTICALS ###
(a)In general Section 9008 of the Patient Protection and Affordable Care Act is amended— ####
(1)in subsection (a)(1), by striking “2009” and inserting “2010”; ####
(2)in subsection (b)— #####
(A)by striking “$2,300,000,000” in paragraph
(1)and inserting “the applicable amount”; and #####
(B)by adding at the end the following new paragraph: > > #### “(4) Applicable Amount > > For purposes of paragraph (1), the applicable amount shall be determined in accordance with the following table: **``Calendar year ** **Applicable amount** 2011$2,500,000,0002012$2,800,000,0002013$2,800,000,0002014$3,000,000,0002015$3,000,000,0002016$3,000,000,0002017$4,000,000,0002018$4,100,000,0002019 and thereafter$2,800,000,000.''; > ####
(3)in subsection (d), by adding at the end the following new paragraph: > > #### “(3) Joint and several liability > > If more than one person is liable for payment of the fee under subsection
(a)with respect to a single covered entity by reason of the application of paragraph (2), all such persons shall be jointly and severally liable for payment of such fee.” > ; and ####
(4)by striking subsection
(j)and inserting the following new subsection: > > ### “(j) Effective Date > > This section shall apply to calendar years beginning after December 31, 2010.” > . ###
(b)Effective Date **[**[26 U.S.C. 4001 note](/us/usc/t26/s4001) prec.**]** The amendments made by this section shall take effect as if included in section 9008 of the Patient Protection and Affordable Care Act.
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Sec. 1404
BRAND NAME PHARMACEUTICALS
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