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136 STAT. 1904 PUBLIC LAW 117–169—AUG. 16, 2022 product under the prescription drug plan or MA–PD plan in which the individual is enrolled.’’; and (C) in subparagraph (E), by adding at the end the following new sentence: ‘‘For plan year 2023, the amount of the copayment or coinsurance applicable under the pre- ceding sentence to a month’s supply of a covered insulin product (as defined in section 1860D–2(b)(9)(C)) dispensed to the individual may not exceed the applicable copayment amount for the product under the prescription drug plan or MA–PD plan in which the individual is enrolled.’’. (c) TEMPORARY RETROSPECTIVE SUBSIDY.—Section 1860D–15(h) of the Social Security Act (42 U.S.C. 1395w–115(h)), as added by section 11401(c), is amended— (1) in the subsection heading, by inserting ‘‘AND INSULIN’’ after ‘‘PRACTICES’’; and (2) in paragraph (1), by striking ‘‘section 1860D–2(b)(8)’’ and inserting ‘‘paragraph (8) or (9) of section 1860D–2(b)’’. (d) IMPLEMENTATION FOR 2023 THROUGH 2025.—The Secretary shall implement this section for plan years 2023, 2024, and 2025 by program instruction or other forms of program guidance. (e) FUNDING.—In addition to amounts otherwise available, there is appropriated to the Centers for Medicare & Medicaid Services, out of any money in the Treasury not otherwise appropriated, $1,500,000 for fiscal year 2022, to remain available until expended, to carry out the provisions of, including the amendments made by, this section. SEC. 11407. LIMITATION ON MONTHLY COINSURANCE AND ADJUST- MENTS TO SUPPLIER PAYMENT UNDER MEDICARE PART B FOR INSULIN FURNISHED THROUGH DURABLE MED- ICAL EQUIPMENT. (a) WAIVER OF DEDUCTIBLE.—The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended— (1) by striking ‘‘and (12)’’ and inserting ‘‘(12)’’; and (2) by inserting before the period the following: ‘‘, and (13) such deductible shall not apply with respect to insulin furnished on or after July 1, 2023, through an item of durable medical equipment covered under section 1861(n).’’. (b) COINSURANCE.— (1) IN GENERAL.—Section 1833(a)(1)(S) of the Social Secu- rity Act (42 U.S.C. 1395l(a)(1)(S)) is amended— (A) by inserting ‘‘(i) except as provided in clause (ii),’’ after ‘‘(S)’’; and (B) by inserting after ‘‘or 1847B),’’ the following: ‘‘and (ii) with respect to insulin furnished on or after July 1, 2023, through an item of durable medical equipment cov- ered under section 1861(n), the amounts paid shall be, subject to the fourth sentence of this subsection, 80 percent of the payment amount established under section 1847A (or section 1847B, if applicable) for such insulin,’’. (2) ADJUSTMENT TO SUPPLIER PAYMENTS; LIMITATION ON MONTHLY COINSURANCE.—Section 1833(a) of the Social Security Act (42 U.S.C. 1395l(a)) is amended, in the flush matter at the end, by adding at the end the following new sentence: ‘‘The Secretary shall make such adjustments as may be nec- essary to the amounts paid as specified under paragraph (1)(S)(ii) for insulin furnished on or after July 1, 2023, through Effective dates. 42 USC 1395w–102 note. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00088 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw