Page:116th United States Congress H. Res.4663 (1st session) - Freedom from Price Gouging Act.pdf/9

Rh 6th full calendar quarter after the day on which the drug was first marketed or July 1, 2021.

“(C)  .—The Secretary may reduce or waive the rebate under paragraph (1)(B) with respect to a part B rebatable drug that appears on the drug shortage list in effect under section 506(e) of the Federal Food, Drug, and Cosmetic Act or in the case of other exigent circumstances, as determined by the Secretary.

“(5)   .—In the case of a part B rebatable drug for which a rebate is payable under this subsection—

“(A) in computing the amount of any coinsurance applicable under this title to an individual with respect to such drug, the computation of such coinsurance shall be based on the inflation-adjusted payment amount determined under paragraph (3)(C) for such part B rebatable drug; and

“(B) the amount of such coinsurance is equal to 20 percent of such inflation-adjusted payment amount so determined.

“(6) .—Amounts paid as rebates under paragraph (1)(B) shall be deposited into ·HR 4663 TH