12 2 STA T . 2 59 2 PUBLIC LA W 11 0– 2 7 5 —J UL Y 15 , 200 8(3)insubpar a g rap h ( B )(i) — ( A )in t h ef irst senten c e , b y stri k ing ‘ ‘fisca l year 20 0 7’ ’ an d inserting ‘‘each o f fiscal years 2007 through 200 9 ’’
and (B) by striking the second sentence and inserting the follo w ing
‘‘ O nly with respect to fiscal year 20 1 0 for the period ending on D ece m ber 31, 2009, the D SH allotment for Hawaii for such portion of the fiscal year, notwith - standing the table set forth in paragraph (2), shall be $ 2, 5 00,000 . ’’. SEC.203 . PHARM AC Y RE I M BU RSEME NT UN D ER MEDICAID. (a) D ELAYIN A P PLI C A T I O NO FN E WP AY M ENT L IMIT FO RMU L- TIPLE SOURCE DRU GSU N D ER MEDICAID.—Notwithstanding para- graphs ( 4 ) and (5) of subsection (e) of section 1927 of the Social Security Act (42 U.S. C . 139 6 r –8 ) or part 447 of title 42, Code of F ederal R egulations, as published on J uly 17, 2007 (72 Federal Register 39142)— (1) the specific upper limit under section 447.332 of title 42, Code of Federal Regulations (as in effect on December 31, 2006) applicable to payments made by a State for multiple source drugs under a State Medicaid plan shall continue to apply through September 30, 2009, for purposes of the a v ail- ability of Federal financial participation for such payments; and (2) the Secretary of Health and Human Services shall not, prior to October 1, 2009, finali z e, implement, enforce, or otherwise take any action (through promulgation of regulation, issuance of regulatory guidance, use of Federal payment audit procedures, or other administrative action, policy, or practice, including a Medical Assistance Manual transmittal or letter to State Medicaid directors) to impose the specific upper limit established under section 447.514(b) of title 42, Code of Federal Regulations as published on July 17, 2007 (72 Federal Register 39142). (b) T EMPORARY SUSPENSION OF UPDATED PU B LICLY A V AILABLE AMP DATA.—Notwithstanding clause (v) of section 1927(b)(3)(D) of the Social Security Act (42 U.S.C. 1396r–8(b)(3)(D)), the Secretary of Health and Human Services shall not, prior to October 1, 2009, make publicly available any AMP disclosed to the Secretary. (c) DEFINITIONS.— I n this subsection: (1) The term ‘‘multiple source drug’’ has the meaning given that term in section 1927(k)(7)(A)(i) of the Social Security Act (42 U.S.C. 1396r–8(k)(7)(A)(i)). (2) The term ‘‘AMP’’ has the meaning given ‘‘average manu- facturer price’’ in section 1927(k)(1) of the Social Security Act (42 U.S.C. 1396r–8(k)(1)) and ‘‘AMP’’ in section 447.504(a) of title 42, Code of Federal Regulations as published on July 17, 2007 (72 Federal Register 39142). SEC. 20 4 .RE V IE WOF ADMINISTRATIVE C L AIM DETERMINATIONS. (a) IN G ENERAL.—Section 1116 of the Social Security Act (42 U.S.C. 1316) is amended by adding at the end the following new subsection: ‘‘(e)(1) W henever the Secretary determines that any item or class of items on account of which Federal financial participation is claimed under title X IX shall be disallowed for such participation, the State shall be entitled to and upon re q uest shall receive a Timep e r i ods.42USC1396 r –8n o t e.
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