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136 STAT. 1899 PUBLIC LAW 117–169—AUG. 16, 2022 (2) by striking ‘‘PRODUCT.—The amount’’ and inserting the following: ‘‘PRODUCT.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the amount’’; and (3) by adding at the end the following new subparagraph: ‘‘(B) TEMPORARY PAYMENT INCREASE.— ‘‘(i) IN GENERAL.—In the case of a qualifying bio- similar biological product that is furnished during the applicable 5-year period for such product, the amount specified in this paragraph for such product with respect to such period is the sum determined under subparagraph (A), except that clause (ii) of such subparagraph shall be applied by substituting ‘8 per- cent’ for ‘6 percent’. ‘‘(ii) APPLICABLE 5-YEAR PERIOD.—For purposes of clause (i), the applicable 5-year period for a qualifying biosimilar biological product is— ‘‘(I) in the case of such a product for which payment was made under this paragraph as of September 30, 2022, the 5-year period beginning on October 1, 2022; and ‘‘(II) in the case of such a product for which payment is first made under this paragraph during a calendar quarter during the period beginning October 1, 2022, and ending December 31, 2027, the 5-year period beginning on the first day of such calendar quarter during which such payment is first made. ‘‘(iii) QUALIFYING BIOSIMILAR BIOLOGICAL PRODUCT DEFINED.—For purposes of this subparagraph, the term ‘qualifying biosimilar biological product’ means a bio- similar biological product described in paragraph (1)(C) with respect to which— ‘‘(I) in the case of a product described in clause (ii)(I), the average sales price under paragraph (8)(A)(i) for a calendar quarter during the 5-year period described in such clause is not more than the average sales price under paragraph (4)(A) for such quarter for the reference biological product; and ‘‘(II) in the case of a product described in clause (ii)(II), the average sales price under para- graph (8)(A)(i) for a calendar quarter during the 5-year period described in such clause is not more than the average sales price under paragraph (4)(A) for such quarter for the reference biological product.’’. SEC. 11404. EXPANDING ELIGIBILITY FOR LOW-INCOME SUBSIDIES UNDER PART D OF THE MEDICARE PROGRAM. Section 1860D–14(a) of the Social Security Act (42 U.S.C. 1395w–114(a)), as amended by sections 11201 and 11401, is amended— (1) in the subsection heading, by striking ‘‘INDIVIDUALS’’ and all that follows through ‘‘LINE’’ and inserting ‘‘CERTAIN INDIVIDUALS’’; (2) in paragraph (1)— Effective date. Effective date. Time periods. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00083 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw