Page:United States Statutes at Large Volume 124.djvu/504

 124 STAT. 478 PUBLIC LAW 111–148—MAR. 23, 2010 and covered outpatient drugs under such title XIX nec- essary to carry out the comparison under subparagraph (A). (2) REPORT.— (A) IN GENERAL.—Not later than October 1, 2011, sub- ject to subparagraph (B), the Inspector General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with rec- ommendations for such legislation and administrative action as the Inspector General determines appropriate. (B) LIMITATION ON INFORMATION CONTAINED IN REPORT.—The report submitted under subparagraph (A) shall not include any information that the Inspector Gen- eral determines is proprietary or is likely to negatively impact the ability of a PDP sponsor or a State plan under title XIX to negotiate prices for covered part D drugs or covered outpatient drugs, respectively. (3) DEFINITIONS.—In this section: (A) COVERED PART D DRUG.—The term ‘‘covered part D drug’’ has the meaning given such term in section 1860D– 2(e) of the Social Security Act (42 U.S.C. 1395w–102(e)). (B) COVERED OUTPATIENT DRUG.—The term ‘‘covered outpatient drug’’ has the meaning given such term in sec- tion 1927(k) of such Act (42 U.S.C. 1396r(k)). (C) MA–PD PLAN.—The term ‘‘MA–PD plan’’ has the meaning given such term in section 1860D–41(a)(9) of such Act (42 U.S.C. 1395w–151(a)(9)). (D) MEDICARE ADVANTAGE ORGANIZATION.—The term ‘‘Medicare Advantage organization’’ has the meaning given such term in section 1859(a)(1) of such Act (42 U.S.C. 1395w–28)(a)(1)). (E) PDP SPONSOR.—The term ‘‘PDP sponsor’’ has the meaning given such term in section 1860D–41(a)(13) of such Act (42 U.S.C. 1395w–151(a)(13)). (F) PRESCRIPTION DRUG PLAN.—The term ‘‘prescription drug plan’’ has the meaning given such term in section 1860D–41(a)(14) of such Act (42 U.S.C. 1395w–151(a)(14)). SEC. 3314. INCLUDING COSTS INCURRED BY AIDS DRUG ASSISTANCE PROGRAMS AND INDIAN HEALTH SERVICE IN PROVIDING PRESCRIPTION DRUGS TOWARD THE ANNUAL OUT-OF- POCKET THRESHOLD UNDER PART D. (a) IN GENERAL.—Section 1860D–2(b)(4)(C) of the Social Secu- rity Act (42 U.S.C. 1395w–102(b)(4)(C)) is amended— (1) in clause (i), by striking ‘‘and’’ at the end; (2) in clause (ii)— (A) by striking ‘‘such costs shall be treated as incurred only if’’ and inserting ‘‘subject to clause (iii), such costs shall be treated as incurred only if’’; (B) by striking ‘‘, under section 1860D–14, or under a State Pharmaceutical Assistance Program’’; and (C) by striking the period at the end and inserting ‘‘; and’’; and (3) by inserting after clause (ii) the following new clause: ‘‘(iii) such costs shall be treated as incurred and shall not be considered to be reimbursed under clause (ii) if such costs are borne or paid—