Sec. 3314. INCLUDING COSTS INCURRED BY AIDS DRUG ASSISTANCE PROGRAMS AND INDIAN HEALTH SERVICE IN PROVIDING PRESCRIPTION DRUGS TOWARD THE ANNUAL OUT-OF-POCKET THRESHOLD UNDER PART D

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## SEC. 3314 INCLUDING COSTS INCURRED BY AIDS DRUG ASSISTANCE PROGRAMS AND INDIAN HEALTH SERVICE IN PROVIDING PRESCRIPTION DRUGS TOWARD THE ANNUAL OUT-OF-POCKET THRESHOLD UNDER PART D ###

(a)In General Section 1860D–2(b)(4)(C) of the Social Security Act (42 U.S.C. 1395w–102(b)(4)(C)) is amended— ####

(1)in clause (i), by striking “and” at the end; ####

(2)in clause (ii)— #####

(A)by striking “such costs shall be treated as incurred only if” and inserting “subject to clause (iii), such costs shall be treated as incurred only if”; #####

(B)by striking “, under section 1860D–14, or under a State Pharmaceutical Assistance Program”; and #####

(C)by striking the period at the end and inserting “; and”; and ####

(3)by inserting after clause

(ii)the following new clause: > > ###### “(iii) > > such costs shall be treated as incurred and shall not be considered to be reimbursed under clause

(ii)if such costs are borne or paid— > > > ###### “(I) > > under section 1860D–14; > > > ###### “(II) > > under a State Pharmaceutical Assistance Program; > > > ###### “(III) > > by the Indian Health Service, an Indian tribe or tribal organization, or an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act); or > > > ###### “(IV) > > under an AIDS Drug Assistance Program under part B of title XXVI of the Public Health Service Act.” > . ###

(b)Effective Date **[**[42 U.S.C. 1395w–102 note](/us/usc/t42/s1395w–102)**]** The amendments made by subsection

(a)shall apply to costs incurred on or after January 1, 2011. **[**Section 3315 (and the amendments made by such section) was repealed by section 1101(a)(2) of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152.**]** ## Subtitle E Ensuring Medicare Sustainability

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42 USC 1395w–102(b)(4)(C)
42 USC 1395w–102
Pub. L. 111-152

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Sec. 3314

INCLUDING COSTS INCURRED BY AIDS DRUG ASSISTANCE PROGRAMS AND INDIAN HEALTH SERVICE IN PROVIDING PRESCRIPTION DRUGS TOWARD THE ANNUAL OUT-OF-POCKET THRESHOLD UNDER PART D

Cite42 USC 1395w–102(b)(4)(C)

Cite42 USC 1395w–102

Pub. L.Pub. L. 111-152

Cites 3Cited by 0 across 0 sources