Page:United States Statutes at Large Volume 124.djvu/338

 124 STAT. 312 PUBLIC LAW 111–148—MAR. 23, 2010 prices. Such term does not include a pharmacy that dispenses prescription medications to patients primarily through the mail, nursing home pharmacies, long-term care facility pharmacies, hospital pharmacies, clinics, charitable or not-for-profit phar- macies, government pharmacies, or pharmacy benefit man- agers. ‘‘(11) WHOLESALER.—The term ‘wholesaler’ means a drug wholesaler that is engaged in wholesale distribution of prescrip- tion drugs to retail community pharmacies, including (but not limited to) manufacturers, repackers, distributors, own-label distributors, private-label distributors, jobbers, brokers, ware- houses (including manufacturer’s and distributor’s warehouses, chain drug warehouses, and wholesale drug warehouses) inde- pendent wholesale drug traders, and retail community phar- macies that conduct wholesale distributions.’’. (b) DISCLOSURE OF PRICE INFORMATION TO THE PUBLIC.—Sec- tion 1927(b)(3) of such Act (42 U.S.C. 1396r–8(b)(3)) is amended— (1) in subparagraph (A)— (A) in the first sentence, by inserting after clause (iii) the following: ‘‘(iv) not later than 30 days after the last day of each month of a rebate period under the agreement, on the manufacturer’s total number of units that are used to calculate the monthly average manufacturer price for each covered outpatient drug;’’; and (B) in the second sentence, by inserting ‘‘(relating to the weighted average of the most recently reported monthly average manufacturer prices)’’ after ‘‘(D)(v)’’; and (2) in subparagraph (D)(v), by striking ‘‘average manufac- turer prices’’ and inserting ‘‘the weighted average of the most recently reported monthly average manufacturer prices and the average retail survey price determined for each multiple source drug in accordance with subsection (f)’’. (c) CLARIFICATION OF APPLICATION OF SURVEY OF RETAIL PRICES.—Section 1927(f)(1) of such Act (42 U.S.C. 1396r–8(b)(1)) is amended— (1) in subparagraph (A)(i), by inserting ‘‘with respect to a retail community pharmacy,’’ before ‘‘the determination’’; and (2) in subparagraph (C)(ii), by striking ‘‘retail pharmacies’’ and inserting ‘‘retail community pharmacies’’. (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on the first day of the first calendar year quarter that begins at least 180 days after the date of enactment of this Act, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. Subtitle G—Medicaid Disproportionate Share Hospital (DSH) Payments SEC. 2551. DISPROPORTIONATE SHARE HOSPITAL PAYMENTS. (a) IN GENERAL.—Section 1923(f) of the Social Security Act (42 U.S.C. 1396r–4(f)) is amended— (1) in paragraph (1), by striking ‘‘and (3)’’ and inserting ‘‘, (3), and (7)’’; (2) in paragraph (3)(A), by striking ‘‘paragraph (6)’’ and inserting ‘‘paragraphs (6) and (7)’’; 42 USC 1396r–8 note.