Page:United States Statutes at Large Volume 124.djvu/334

 124 STAT. 308 PUBLIC LAW 111–148—MAR. 23, 2010 (B) by striking the period and inserting ‘‘; and’’; and (3) by adding at the end the following new clause: ‘‘(iii) after December 31, 2009, is 13 percent.’’. (c) EXTENSION OF PRESCRIPTION DRUG DISCOUNTS TO ENROLLEES OF MEDICAID MANAGED CARE ORGANIZATIONS.— (1) IN GENERAL.—Section 1903(m)(2)(A) of such Act (42 U.S.C. 1396b(m)(2)(A)) is amended— (A) in clause (xi), by striking ‘‘and’’ at the end; (B) in clause (xii), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(xiii) such contract provides that (I) covered out- patient drugs dispensed to individuals eligible for med- ical assistance who are enrolled with the entity shall be subject to the same rebate required by the agree- ment entered into under section 1927 as the State is subject to and that the State shall collect such rebates from manufacturers, (II) capitation rates paid to the entity shall be based on actual cost experience related to rebates and subject to the Federal regula- tions requiring actuarially sound rates, and (III) the entity shall report to the State, on such timely and periodic basis as specified by the Secretary in order to include in the information submitted by the State to a manufacturer and the Secretary under section 1927(b)(2)(A), information on the total number of units of each dosage form and strength and package size by National Drug Code of each covered outpatient drug dispensed to individuals eligible for medical assistance who are enrolled with the entity and for which the entity is responsible for coverage of such drug under this subsection (other than covered outpatient drugs that under subsection (j)(1) of section 1927 are not subject to the requirements of that section) and such other data as the Secretary determines necessary to carry out this subsection.’’. (2) CONFORMING AMENDMENTS.—Section 1927 (42 U.S.C. 1396r–8) is amended— (A) in subsection (b)— (i) in paragraph (1)(A), in the first sentence, by inserting ‘‘, including such drugs dispensed to individ- uals enrolled with a medicaid managed care organiza- tion if the organization is responsible for coverage of such drugs’’ before the period; and (ii) in paragraph (2)(A), by inserting ‘‘including such information reported by each medicaid managed care organization,’’ after ‘‘for which payment was made under the plan during the period,’’; and (B) in subsection (j), by striking paragraph (1) and inserting the following: ‘‘(1) Covered outpatient drugs are not subject to the require- ments of this section if such drugs are— ‘‘(A) dispensed by health maintenance organizations, including Medicaid managed care organizations that con- tract under section 1903(m); and ‘‘(B) subject to discounts under section 340B of the Public Health Service Act.’’. Contracts. Reports. Determination.