Page:United States Statutes at Large Volume 104 Part 2.djvu/556

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104 STAT. 1388-148 PUBLIC LAW 101-508—NOV. 5, 1990 "(2) ADDITIONAL REBATE FOR SINGLE SOURCE AND INNOVATOR MULTIPLE SOURCE DRUGS.— (A) Each manufacturer shall remit an additional rebate to the State medical assistance plan in an amount equal to: "(i) For calendar quarters (or other periods) beginning after December 31, 1990 and ending before January 1, 1994— "(I) the total number of each dosage form and strength of a single source or innovator multiple source drug dispensed during the calendar quarter (or other period); multiplied by "(II)(aa) the average manufacturer price for each dosage form and strength, minus "(bb) the average manufacturer price for each such dosage form and strength in effect on October 1, 1990, increased by the percentage increase in the Consumer Price Index for all urban C9nsumers (U.S. average) from October 1, 1990, to the month before the beginning of the calendar quarter (or other period) involved; 2^ "(ii) For calendar quarters (or other periods) beginning after December 31, 1993— "(I) the total number of each dosage form and strength of a single source or innovative multiple source drug dispensed during the calendar quarter (or other period); multiplied by "(II) the amount, if any, by which the weighted average manufacturer price for single source and innovator multiple source drugs of a manufacturer exceeds the weighted average manufacturer price for the manufacturer as of October 1, 1990, increased by the percentage increase in the Consumer Price Index for all urban consumers (U.S. average) from October 1, 1990, to the month before the beginning of the calendar quarter (or other period) involved. "(B)(i) For the purposes of subparagraph (A)(ii), the term 'weighted average manufacturer price' means (with respect to a calendar quarter or other period) the ratio of— "(I) the sum of the products (for all covered drugs of the manufacturer purchased under a State program under this title) of— "(aa) the average manufacturer price for each such covered drug; and "(bb) the number of units of the covered drug sold to any State program under this title during such period, to "(II) the total number of units of all such covered drugs sold under a State program under this title in such period, except that the Secretary may exclude certain new drugs from the calculation of the weighted average if the inclusion of any such drug in such calculation has the effect of— "(aa) reducing the rebate otherwise calculated pursuant to subparagraph (A)(ii); or "(bb) increasing the rebate otherwise calculated pursuant to subparagraph (A)(ii) (in cases where such calculation under the conditions outlined in clause (ii).^* " So in original. Probably should be ".". '* So in original. Probably should be "(ii))".