Page:116th United States Congress H. Res.4663 (1st session) - Freedom from Price Gouging Act.pdf/11

Rh “(ii) Including drugs and biologicals paid for under MA plans under part C in the rebate system under this subsection.

“(iii) Including drugs excluded under paragraph (2)(A) and billing units of drugs excluded under paragraph (3)(B) in the rebate system under this subsection.

“(B) .—Not later than 3 years after the date of the enactment of this subsection, the Secretary shall submit to Congress a report on the study conducted under subparagraph (A).

“(9)    .—The Secretary may, based on the report submitted under paragraph (8) and pursuant to rulemaking, apply the provisions of this subsection to multiple source drugs (as defined in section 1847A(c)(6)(C)), including, for purposes of determining the rebate amount under paragraph (3), by calculating manufacturer-specific average gales prices for the benchmark period and the rebate period.”.

(b) ; .—Section 1833(a) of the Social Security Act (42 U.S.C. 13951(a)) is amended— ·HR 4663 TH