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42 U.S.C. § 1395w–153

Condition for coverage of drugs under this part

United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective

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42 U.S.C. § 1395w–153, Condition for coverage of drugs under this part, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/477326
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In order for coverage to be available under this part for covered part D drugs (as defined in section 1395w–102(e) of this title) of a manufacturer, the manufacturer must— participate in— have entered into and have in effect— Paragraphs (1)(A), (2)(A), and (3) of subsection (a) shall apply to covered part D drugs dispensed under this part on or after January 1, 2011, and before January 1, 2025, and paragraphs (1)(B) and (2)(B) of such subsection shall apply to covered part D drugs dispensed under this part on or after January 1, 2025. Subject to paragraph (2), subsection (a) shall not apply to the dispensing of a covered part D drug if— Paragraph (1)(A) shall not apply to a covered part D drug of a manufacturer for any period described in section 5000D(c)(1) of the Internal Revenue Code of 1986 with respect to the manufacturer. In this section, the term “manufacturer” has the meaning given such term in section 1395w–114a(g)(5) of this title.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.