Page:United States Statutes at Large Volume 120.djvu/89

 120 STAT. 58

42 USC 1396r–8, 1395x.

42 USC 1396r–8 note. 42 USC 1396r–8 note.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

PUBLIC LAW 109–171—FEB. 8, 2006 ‘‘(i) The vendor must monitor the marketplace and report to the Secretary each time there is a new covered outpatient drug generally available. ‘‘(ii) The vendor must update the Secretary no less often than monthly on the retail survey prices for covered outpatient drugs. ‘‘(iii) The contract shall be effective for a term of 2 years. ‘‘(E) AVAILABILITY OF INFORMATION TO STATES.— Information on retail survey prices obtained under this paragraph, including applicable information on single source drugs, shall be provided to States on at least a monthly basis. The Secretary shall devise and implement a means for providing access to each State agency designated under section 1902(a)(5) with responsibility for the administration or supervision of the administration of the State plan under this title of the retail survey price determined under this paragraph. ‘‘(2) ANNUAL STATE REPORT.—Each State shall annually report to the Secretary information on— ‘‘(A) the payment rates under the State plan under this title for covered outpatient drugs; ‘‘(B) the dispensing fees paid under such plan for such drugs; and ‘‘(C) utilization rates for noninnovator multiple source drugs under such plan. ‘‘(3) ANNUAL STATE PERFORMANCE RANKINGS.— ‘‘(A) COMPARATIVE ANALYSIS.—The Secretary annually shall compare, for the 50 most widely prescribed drugs identified by the Secretary, the national retail sales price data (collected under paragraph (1)) for such drugs with data on prices under this title for each such drug for each State. ‘‘(B) AVAILABILITY OF INFORMATION.—The Secretary shall submit to Congress and the States full information regarding the annual rankings made under subparagraph (A). ‘‘(4) APPROPRIATION.—Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary of Health and Human Services $5,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection.’’. (f) MISCELLANEOUS AMENDMENTS.— (1) IN GENERAL.—Sections 1927(g)(1)(B)(i)(II) and 1861(t)(2)(B)(ii)(I) of such Act are each amended by inserting ‘‘(or its successor publications)’’ after ‘‘United States Pharmacopoeia-Drug Information’’. (2) PAPERWORK REDUCTION.—The last sentence of section 1927(g)(2)(A)(ii) of such Act (42 U.S.C. 1396r–8(g)(2)(A)(ii)) is amended by inserting before the period at the end the following: ‘‘, or to require verification of the offer to provide consultation or a refusal of such offer’’. (3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date of the enactment of this Act. (g) EFFECTIVE DATE.—Except as otherwise provided, the amendments made by this section shall take effect on January 1, 2007,

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