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136 STAT. 1896 PUBLIC LAW 117–169—AUG. 16, 2022 PART 4—CONTINUED DELAY OF IMPLEMENTA- TION OF PRESCRIPTION DRUG REBATE RULE SEC. 11301. EXTENSION OF MORATORIUM ON IMPLEMENTATION OF RULE RELATING TO ELIMINATING THE ANTI-KICKBACK STATUTE SAFE HARBOR PROTECTION FOR PRESCRIP- TION DRUG REBATES. The Secretary of Health and Human Services shall not, prior to January 1, 2032, implement, administer, or enforce the provisions of the final rule published by the Office of the Inspector General of the Department of Health and Human Services on November 30, 2020, and titled ‘‘Fraud and Abuse; Removal of Safe Harbor Protection for Rebates Involving Prescription Pharmaceuticals and Creation of New Safe Harbor Protection for Certain Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and Certain Pharmacy Benefit Manager Service Fees’’ (85 Fed. Reg. 76666). PART 5—MISCELLANEOUS SEC. 11401. COVERAGE OF ADULT VACCINES RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES UNDER MEDICARE PART D. (a) ENSURING TREATMENT OF COST-SHARING AND DEDUCTIBLE IS CONSISTENT WITH TREATMENT OF VACCINES UNDER MEDICARE PART B.—Section 1860D–2 of the Social Security Act (42 U.S.C. 1395w–102), as amended by sections 11201 and 11202, is amended— (1) in subsection (b)— (A) in paragraph (1)(A), by striking ‘‘The coverage’’ and inserting ‘‘Subject to paragraph (8), the coverage’’; (B) in paragraph (2)— (i) in subparagraph (A), by inserting ‘‘and para- graph (8)’’ after ‘‘and (E)’’; (ii) in subparagraph (C)(i), in the matter preceding subclause (I), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4) and (8)’’; and (iii) in subparagraph (D)(i), in the matter preceding subclause (I), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4) and (8)’’; (C) in paragraph (3)(A), in the matter preceding clause (i), by striking ‘‘and (4)’’ and inserting ‘‘(4), and (8)’’; (D) in paragraph (4)(A)(i), by striking ‘‘The coverage’’ and inserting ‘‘Subject to paragraph (8), the coverage’’; and (E) by adding at the end the following new paragraph: ‘‘(8) TREATMENT OF COST-SHARING FOR ADULT VACCINES REC- OMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES CONSISTENT WITH TREATMENT OF VACCINES UNDER PART B.— ‘‘(A) IN GENERAL.—For plan years beginning on or after January 1, 2023, with respect to an adult vaccine rec- ommended by the Advisory Committee on Immunization Practices (as defined in subparagraph (B))— ‘‘(i) the deductible under paragraph (1) shall not apply; and Effective date. Effective date. 42 USC 1320a–7b note. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00080 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw