Page:United States Statutes at Large Volume 120.djvu/92

 PUBLIC LAW 109–171—FEB. 8, 2006

120 STAT. 61

be inclusive of the lowest price for such authorized drug available from the manufacturer during the rebate period to any manufacturer, wholesaler, retailer, provider, health maintenance organization, nonprofit entity, or governmental entity within the United States, excluding those prices described in subclauses (I) through (IV) of clause (i).’’; and (2) in subsection (k), as amended by section 6001(c)(1), by adding at the end the following: ‘‘(C) INCLUSION OF SECTION 505(c) DRUGS.—In the case of a manufacturer that approves, allows, or otherwise permits any drug of the manufacturer to be sold under a new drug application approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act, such term shall be inclusive of the average price paid for such drug by wholesalers for drugs distributed to the retail pharmacy class of trade.’’. (c) EFFECTIVE DATE.—The amendments made by this section take effect on January 1, 2007.

42 USC 1396r–8 note.

SEC. 6004. CHILDREN’S HOSPITAL PARTICIPATION IN SECTION 340B DRUG DISCOUNT PROGRAM.

(a) IN GENERAL.—Section 1927(a)(5)(B) of the Social Security Act (42 U.S.C. 1396r–8(a)(5)(B)) is amended by inserting before the period at the end the following: ‘‘and a children’s hospital described in section 1886(d)(1)(B)(iii) which meets the requirements of clauses (i) and (iii) of section 340B(b)(4)(L) of the Public Health Service Act and which would meet the requirements of clause (ii) of such section if that clause were applied by taking into account the percentage of care provided by the hospital to patients eligible for medical assistance under a State plan under this title’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to drugs purchased on or after the date of the enactment of this Act.

42 USC 1396r–8 note.

CHAPTER 2—LONG-TERM CARE UNDER MEDICAID Subchapter A—Reform of Asset Transfer Rules SEC. 6011. LENGTHENING LOOK-BACK PERIOD; CHANGE IN BEGINNING DATE FOR PERIOD OF INELIGIBILITY.

(a) LENGTHENING LOOK-BACK PERIOD FOR ALL DISPOSALS TO 5 YEARS.—Section 1917(c)(1)(B)(i) of the Social Security Act (42 U.S.C. 1396p(c)(1)(B)(i)) is amended by inserting ‘‘or in the case of any other disposal of assets made on or after the date of the enactment of the Deficit Reduction Act of 2005’’ before ‘‘, 60 months’’. (b) CHANGE IN BEGINNING DATE FOR PERIOD OF INELIGIBILITY.— Section 1917(c)(1)(D) of such Act (42 U.S.C. 1396p(c)(1)(D)) is amended— (1) by striking ‘‘(D) The date’’ and inserting ‘‘(D)(i) In the case of a transfer of asset made before the date of the enactment of the Deficit Reduction Act of 2005, the date’’; and (2) by adding at the end the following new clause: ‘‘(ii) In the case of a transfer of asset made on or after the date of the enactment of the Deficit Reduction Act of 2005, the date specified in this subparagraph is the first day of a month

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