Page:United States Statutes at Large Volume 106 Part 6.djvu/410

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106 STAT. 4968 PUBLIC LAW 102-585—NOV. 4, 1992 "(C) A family planning project receiving a grant or contract under section 1001. ,., "(D) An entity receiving a grant under subpart II of part C of title XXVI (relating to categorical grants for outpatient early intervention services for HIV disease). "(E) A State-operated AIDS drug purchasing assistance program receiving financial assistance under title XXVI. "(F) A black Tung clinic receiving funds under section 427(a) of the Black Lung Benefits Act. "(G) A comprehensive hemophilia diagnostic treatment center receiving a grant under section 501(a)(2) of the Social Security Act. "(H) A Native Hawaiian Health Center receiving funds under the Native Hawaiian Health Care Act of 1988. "(I) An urban Indian organization receiving funds under title V of the Indian Health Care Improvement Act. "(J) Any entity receiving assistance under title XXVI (other than a State or unit of local government or an - entity described in subparagraph (D)), but only if the entity is certified by the Secretary pursuant to paragraph (7). "(K) An entity receiving funds under section 318 (relating to treatment of sexually transmitted diseases) or section 317(i)(2) (relating to treatment of tuberculosis) through a State or unit of local government, but only if the entity is certified by the Secretary pursuant to paragraph (7). "(L) A subsection (d) hospital (as defined m section 1886(d)(l)(B) of the Social Security Act) that— "(i) is owned or operated by a imit of State or local government, is a public or private non-profit corporation which is formally granted governmental powers by a unit of State or local government, or is a private non-profit hospital which nas a contract with a State or local government to provide health care services to low income individuals who are not entitled to benefits under title XVIII of the Social Security Act or eligible for assistance under the State plan under this title; "(ii) for the most recent cost reporting period that ended before the calendar quarter involved, had a disproportionate share adjustment percentage (as determined under section 1886(d)(5)(F) of the Social Security Act) greater than 11.75 percent or was described in section 1886(d)(5)(F)(i)(II) of such Act; and "(iii) does not obtain covered outpatient drugs through a group purchasing organization or other group purchasing arrangement. "(5) REQUIREMENTS FOR COVERED ENTITIES. — "(A) PROHIBITING DUPLICATE DISCOUNTS OR REBATES. — "(i) IN GENERAL.—^A covered entity shall not V.^ request payment under title XIX of the Social Security Act for medical assistance described in section 1905(a)(12) of such Act with respect to a drug that is subject to an agreement under this section if the drug is subject to the payment of a rebate to the State under section 1927 of such Act. "(ii) ESTABLISHMENT OF MECHANISM.— The Secretary shall establish a mechanism to ensure that cov-