Application
Clause (i) shall apply to the application of a functional equivalence standard to a drug or biological on or after December 8, 2003 , unless—
(I)#
such application was being made to such drug or biological prior to December 8, 2003 ; and
(II)#
the Secretary applies such standard to such drug or biological only for the purpose of determining eligibility of such drug or biological for additional payments under this paragraph and not for the purpose of any other payments under this subchapter.