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136 STAT. 1870 PUBLIC LAW 117–169—AUG. 16, 2022 of payment otherwise applicable under this subsection, the provi- sions of section 1847A(i)(5) and paragraph (1)(EE) of subsection (a), shall, as determined appropriate by the Secretary, apply under this subsection in the same manner as such provisions of section 1847A(i)(5) and subsection (a) apply under such section and sub- section.’’; and (3) in subsection (t)(8), by adding at the end the following new subparagraph: ‘‘(F) PART B REBATABLE DRUGS.—In the case of a part B rebatable drug (as defined in paragraph (2) of section 1847A(i), except if such drug does not have a copayment amount as a result of application of subparagraph (E)) for which payment under this part is not packaged into a payment for a covered OPD service (or group of services) furnished on or after April 1, 2023, and the payment for such drug under this subsection is the same as the amount for a calendar quarter under paragraph (3)(A)(ii)(I) of sec- tion 1847A(i), under the system under this subsection, in lieu of calculation of the copayment amount and the amount of payment otherwise applicable under this subsection (other than the application of the limitation described in subparagraph (C)), the provisions of section 1847A(i)(5) and paragraph (1)(EE) of subsection (a), shall, as deter- mined appropriate by the Secretary, apply under this sub- section in the same manner as such provisions of section 1847A(i)(5) and subsection (a) apply under such section and subsection.’’. (c) CONFORMING AMENDMENTS.— (1) TO PART B ASP CALCULATION.—Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w–3a(c)(3)) is amended by inserting ‘‘subsection (i) or’’ before ‘‘section 1927’’. (2) EXCLUDING PART B DRUG INFLATION REBATE FROM BEST PRICE.—Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. 1396r–8(c)(1)(C)(ii)(I)) is amended by inserting ‘‘or section 1847A(i)’’ after ‘‘this section’’. (3) COORDINATION WITH MEDICAID REBATE INFORMATION DISCLOSURE.—Section 1927(b)(3)(D)(i) of the Social Security Act (42 U.S.C. 1396r–8(b)(3)(D)(i)) is amended by inserting ‘‘and the rebate’’ after ‘‘the payment amount’’. (4) EXCLUDING PART B DRUG INFLATION REBATES FROM AVER- AGE MANUFACTURER PRICE.—Section 1927(k)(1)(B)(i) of the Social Security Act (42 U.S.C. 1396r–8(k)(1)(B)(i)), as amended by section 11001(b)(3), is amended— (A) in subclause (V), by striking ‘‘and’’ at the end; (B) in subclause (VI), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new subclause: ‘‘(VII) rebates paid by manufacturers under section 1847A(i); and’’. (d) FUNDING.—In addition to amounts otherwise available, there are appropriated to the Centers for Medicare & Medicaid Services, out of any money in the Treasury not otherwise appro- priated, $80,000,000 for fiscal year 2022, including $12,500,000 to carry out the provisions of, including the amendments made by, this section in fiscal year 2022, and $7,500,000 to carry out the provisions of, including the amendments made by, this section Time period. Effective date. Time period. Determination. Applicability. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00054 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw