Page:United States Statutes at Large Volume 106 Part 6.djvu/407

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PUBLIC LAW 102-585 —NOV. 4, 1992 106 STAT. 4965 "(iii) for quarters (or other periods) beginning after December 31, 1993, and before January 1, 1995, the greater of— "(I) 15.4 percent of the average manufacturer price for the drug, or "(II) the difference between the average manufacturer price for the drug and the best price (as defined in subparagraph (C)) for such quarter (or period) for such drug; "(iv) for quarters (or other periods) beginning after December 31, 1994, and before January 1, 1996, the greater of— "(I) 15.2 percent of the average manufacturer price for the drug, or "(II) the difference between the average manufacturer price for the drug and the best price (as defined in subparagraph (C)) for such quarter (or period) for such drug; and "(v) for quarters (or other periods) beginning after December 31, 1995, the greater of— "(I) 15.1 percent of the average manufacturer price for the drug, or "(II) the difference between the average manufacturer price for the drug and the best price (as defined in subparagraph (O) for such quarter (or period) for such drug. ".

(d) REPORTS ON BEST PRICE CHANGES AND PAYMENT OF 42 USC i396r-8 REBATES.— ^°^- (1) IN GENERAL. — Not later than 90 days after the expiration of each calendar quarter that begins on or after October 1, 1992, and ends on or before December 31, 1995, the Secretary of Health and Human Services shall submit a report to Congress that contains the following information relating to prescription drugs dispensed in the quarter (subject to paragraph (2)): (A) With respect to single source drugs and innovator multiple source drugs (as such terms are defined in section 1927(k)(7) of the Social Security Act)— (i) the percentage of such drugs whose best price (as reported to the Secretary under section 1927(b) of the Social Secxuity Act) increased compared to the best price during the previous calendar quarter, and the amount of expenditures under State plans under title XIX of such Act attributable to such drugs; (ii) the percentage of such drugs whose best price (as so reported) decreased compared to the best price during the previous calendar quarter, and the amount of expenditures under State plans under title XIX of such Act attributable to such drugs; (iii) the percentage of such drugs whose best price (as so reported) was the same as the best price during the previous calendar quarter, and the amount of expenditures under State plans under title XIX of such Act attributable to such drugs; (iv) the median and mean percentage increase (or decrease) in the best price of such single source drugs (as so reported) compared to the best price during