Cost containment measure.—
(A) Definition of cost containment measure .—
(A)Definition of cost containment measure .—#
In this subsection, the term “cost containment measure” means a competitive bidding, rebate, direct distribution, or home delivery system implemented by a State agency as described in the approved State plan of operation and administration of the State agency.
(B)Solicitation and rebate billing requirements .—#
Any State agency instituting a cost containment measure for any authorized food, including infant formula, shall—
(i) in the bid solicitation— (I) identify the composition of State alliances for the purposes of a cost containment measure; and (II) verify that no additional States shall be added to the State alliance between the date of the bid solicitation and the end of the contract;
(ii) have a system to ensure that rebate invoices under competitive bidding provide a reasonable estimate or an actual count of the number of units sold to participants in the program under this section;
(iii) open and read aloud all bids at a public proceeding on the day on which the bids are due; and
(iv) unless otherwise exempted by the Secretary, provide a minimum of 30 days between the publication of the solicitation and the date on which the bids are due.
(B)(i)#
in the bid solicitation—
(I) identify the composition of State alliances for the purposes of a cost containment measure; and
(II) verify that no additional States shall be added to the State alliance between the date of the bid solicitation and the end of the contract;
(B)(i)(I)#
identify the composition of State alliances for the purposes of a cost containment measure; and
(C)State alliances for authorized foods other than infant formula .—#
Program requirements relating to the size of State alliances under paragraph (8)(A)(iv) shall apply to cost containment measures established for any authorized food under this section.