1

 See References in Text note below.

2

 So in original. Probably should be “(v)”.

3

 So in original.

4

 So in original. Probably should be “(b)(3)(I)”.

Editorial Notes

References in Text

Section 1395w–115(e)(2)(B)(iii) of this title, referred to in subsec. (b)(2)(E)(ii)(I), was in the original “section 1869D–15(e)(2)(B)(iii)”, and was translated as reading “section 1860D–15(e)(2)(B)(iii)”, meaning 1860D–15(e)(2)(B)(iii) of the Social Security Act, to reflect the probable intent of Congress, because the Social Security Act does not contain a section 1869D–15 and section 1395w–115(e)(2)(B)(iii) of this title provides for an application of a higher percentage for years 2006 and 2007.

Codification

In subsec. (g)(1)(B)(iii), “section 132 of title 41” substituted for “section 4(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(5))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

2022—Subsec. (g)(6). Pub. L. 117–169, § 11201(d)(3)(B), inserted “(or, for 2030 and each subsequent year, the percent specified under section 1395w–113(a)(9) of this title)” after “25.5 percent”.

Subsec. (i)(1). Pub. L. 117–169, § 11001(b)(1)(C)(i), struck out “and” at end.

Subsec. (i)(2). Pub. L. 117–169, § 11001(b)(1)(C)(ii), substituted “, except as provided under section 1395w–104(b)(3)(l) of this title; and” for “or institute a price structure for the reimbursement of covered part D drugs.”

Subsec. (i)(3). Pub. L. 117–169, § 11001(b)(1)(C)(iii), added par. (3).

2010—Subsec. (d)(3). Pub. L. 111–148 added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–148 applicable to bids submitted for contract years beginning on or after Jan. 1, 2011, see section 3209(c) of Pub. L. 111–148, set out as a note under section 1395w–24 of this title.

Study Regarding Regional Variations in Prescription Drug Spending

Pub. L. 108–173, title I, § 107(a), Dec. 8, 2003, 117 Stat. 2169, provided that:

“(1)

In general.—

The Secretary [of Health and Human Services] shall conduct a study that examines variations in per capita spending for covered part D drugs under part D of title XVIII of the Social Security Act [42 U.S.C. 1395w–101 et seq.] among PDP regions and, with respect to such spending, the amount of such variation that is attributable to—

“(A)

price variations (described in section 1860D–15(c)(2) of such Act [42 U.S.C. 1395w–115(c)(2)]); and

“(B)

differences in per capita utilization that is not taken into account in the health status risk adjustment provided under section 1860D–15(c)(1) of such Act [42 U.S.C. 1395w–115(c)(1)].

“(2)

Report and recommendations.—

Not later than January 1, 2009, the Secretary shall submit to Congress a report on the study conducted under paragraph (1). Such report shall include—

“(A)

information regarding the extent of geographic variation described in paragraph (1)(B);

“(B)

an analysis of the impact on direct subsidies under section 1860D–15(a)(1) of the Social Security Act [42 U.S.C. 1395w–115(a)(1)] in different PDP regions if such subsidies were adjusted to take into account the variation described in subparagraph (A); and

“(C)

recommendations regarding the appropriateness of applying an additional geographic adjustment factor under section 1860D–15(c)(2) [42 U.S.C. 1395w–115(c)(2)] that reflects some or all of the variation described in subparagraph (A).”