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136 STAT. 1898 PUBLIC LAW 117–169—AUG. 16, 2022 or MA organization offering the plan subsidies in an amount equal to the aggregate reduction in cost-sharing and deductible by reason of the application of section 1860D–2(b)(8) for individ- uals under the plan during the year. ‘‘(2) TIMING.—The Secretary shall provide a subsidy under paragraph (1), as applicable, not later than 18 months following the end of the applicable plan year.’’. (2) TREATMENT AS INCURRED COSTS.—Section 1860D– 2(b)(4)(C)(iii)(I) of the Social Security Act (42 U.S.C. 1395w– 102(b)(4)(C)(iii)(I)), as amended by section 11201(a)(3)(C), is amended— (A) in item (cc), by striking ‘‘or’’ at the end; and (B) by adding at the end the following new item: ‘‘(dd) under section 1860D–15(h); or’’. (d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed as limiting coverage under part D of title XVIII of the Social Security Act for vaccines that are not recommended by the Advisory Committee on Immunization Practices. (e) IMPLEMENTATION FOR 2023 THROUGH 2025.—The Secretary shall implement this section, including the amendments made by this section, for 2023, 2024, and 2025, by program instruction or other forms of program guidance. SEC. 11402. PAYMENT FOR BIOSIMILAR BIOLOGICAL PRODUCTS DURING INITIAL PERIOD. Section 1847A(c)(4) of the Social Security Act (42 U.S.C. 1395w– 3a(c)(4)) is amended— (1) in each of subparagraphs (A) and (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and moving such clauses 2 ems to the right; (3) by striking ‘‘UNAVAILABLE.—In the case’’ and inserting ‘‘UNAVAILABLE.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), in the case’’; and (4) by adding at the end the following new subparagraph: ‘‘(B) LIMITATION ON PAYMENT AMOUNT FOR BIOSIMILAR BIOLOGICAL PRODUCTS DURING INITIAL PERIOD.—In the case of a biosimilar biological product furnished on or after July 1, 2024, during the initial period described in subpara- graph (A) with respect to the biosimilar biological product, the amount payable under this section for the biosimilar biological product is the lesser of the following: ‘‘(i) The amount determined under clause (ii) of such subparagraph for the biosimilar biological product. ‘‘(ii) The amount determined under subsection (b)(1)(B) for the reference biological product.’’. SEC. 11403. TEMPORARY INCREASE IN MEDICARE PART B PAYMENT FOR CERTAIN BIOSIMILAR BIOLOGICAL PRODUCTS. Section 1847A(b)(8) of the Social Security Act (42 U.S.C. 1395w– 3a(b)(8)) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving the margin of each such redesignated clause 2 ems to the right; Effective date. 42 USC 1395w–102 note. 42 USC 1395w–102 note. Deadline. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00082 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw