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136 STAT. 1853 PUBLIC LAW 117–169—AUG. 16, 2022 112(b)) is amended by adding at the end the following new paragraph: ‘‘(8) PROVISION OF INFORMATION RELATED TO MAXIMUM FAIR PRICES.—Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall require the sponsor to provide information to the Secretary as requested by the Secretary for purposes of carrying out section 1194.’’. (ii) MA–PD PLANS.—Section 1857(f)(3) of the Social Security Act (42 U.S.C. 1395w–27(f)(3)) is amended by adding at the end the following new subparagraph: ‘‘(E) PROVISION OF INFORMATION RELATED TO MAXIMUM FAIR PRICES.—Section 1860D–12(b)(8).’’. (G) CONDITIONS FOR COVERAGE.— (i) MEDICARE PART D.—Section 1860D–43(c) of the Social Security Act (42 U.S.C. 1395w–153(c)) is amended— (I) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (II) by striking ‘‘AGREEMENTS.—Subsection’’ and inserting the following: ‘‘AGREEMENTS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), subsection’’; and (III) by adding at the end the following new paragraph: ‘‘(2) EXCEPTION.—Paragraph (1)(A) shall not apply to a covered part D drug of a manufacturer for any period described in section 5000D(c)(1) of the Internal Revenue Code of 1986 with respect to the manufacturer.’’. (ii) MEDICAID AND MEDICARE PART B.—Section 1927(a)(3) of the Social Security Act (42 U.S.C. 1396r– 8(a)(3)) is amended by adding at the end the following new sentence: ‘‘The preceding sentence shall not apply to a single source drug or innovator multiple source drug of a manufacturer for any period described in section 5000D(c)(1) of the Internal Revenue Code of 1986 with respect to the manufacturer.’’. (H) DISCLOSURE OF INFORMATION UNDER MEDICARE PART D.— (i) CONTRACT REQUIREMENTS.—Section 1860D– 12(b)(3)(D)(i) of the Social Security Act (42 U.S.C. 1395w–112(b)(3)(D)(i)) is amended by inserting ‘‘, or carrying out part E of title XI’’ after ‘‘appropriate)’’. (ii) SUBSIDIES.—Section 1860D–15(f)(2)(A)(i) of the Social Security Act (42 U.S.C. 1395w–115(f)(2)(A)(i)) is amended by inserting ‘‘or part E of title XI’’ after ‘‘this section’’. (2) DRUG PRICE NEGOTIATION PROGRAM PRICES INCLUDED IN BEST PRICE.—Section 1927(c)(1)(C) of the Social Security Act (42 U.S.C. 1396r–8(c)(1)(C)) is amended— (A) in clause (i)(VI), by striking ‘‘any prices charged’’ and inserting ‘‘subject to clause (ii)(V), any prices charged’’; and (B) in clause (ii)— (i) in subclause (III), by striking ‘‘; and’’ at the end; Contracts. Requirement. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00037 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw