Page:United States Statutes at Large Volume 124.djvu/888

 124 STAT. 862 PUBLIC LAW 111–148—MAR. 23, 2010 The Centers for Medicare and Medicaid Services shall establish a process for determining the units and the allocated price for purposes of this section for those branded prescription drugs that are not separately payable or for which National Drug Codes are not reported. (3) MEDICAID PROGRAM.—The Secretary of Health and Human Services shall report, for each covered entity and for each branded prescription drug of the covered entity covered under the Medicaid program, the product of— (A) the per-unit ingredient cost paid to pharmacies by States for the branded prescription drug dispensed to Medicaid beneficiaries, minus any per-unit rebate paid by the covered entity under section 1927 of the Social Security Act and any State supplemental rebate, and (B) the number of units of the branded prescription drug paid for under the Medicaid program. (4) DEPARTMENT OF VETERANS AFFAIRS PROGRAMS.—The Secretary of Veterans Affairs shall report, for each covered entity and for each branded prescription drug of the covered entity the total amount paid for each such branded prescription drug procured by the Department of Veterans Affairs for its beneficiaries. (5) DEPARTMENT OF DEFENSE PROGRAMS AND TRICARE.— The Secretary of Defense shall report, for each covered entity and for each branded prescription drug of the covered entity, the sum of— (A) the total amount paid for each such branded prescription drug procured by the Department of Defense for its beneficiaries, and (B) for each such branded prescription drug dispensed under the TRICARE retail pharmacy program, the product of— (i) the per-unit ingredient cost, minus any per- unit rebate paid by the covered entity, and (ii) the number of units of the branded prescription drug dispensed under such program. (h) SECRETARY.—For purposes of this section, the term ‘‘Sec- retary’’ includes the Secretary’s delegate. (i) GUIDANCE.—The Secretary of the Treasury shall publish guidance necessary to carry out the purposes of this section. (j) APPLICATION OF SECTION.—This section shall apply to any branded prescription drug sales after December 31, 2008. (k) CONFORMING AMENDMENT.—Section 1841(a) of the Social Security Act is amended by inserting ‘‘or section 9008(c) of the Patient Protection and Affordable Care Act of 2009’’ after ‘‘this part’’. SEC. 9009. IMPOSITION OF ANNUAL FEE ON MEDICAL DEVICE MANU- FACTURERS AND IMPORTERS. (a) IMPOSITION OF FEE.— (1) IN GENERAL.—Each covered entity engaged in the busi- ness of manufacturing or importing medical devices shall pay to the Secretary not later than the annual payment date of each calendar year beginning after 2009 a fee in an amount determined under subsection (b). (2) ANNUAL PAYMENT DATE.—For purposes of this section, the term ‘‘annual payment date’’ means with respect to any Deadlines. 26 USC 4001 note prec. Definitions. 42 USC 1395t. Publication. Process.