1 So in original. The word “and” probably should not appear.
2.5 percent;
2 See References in Text note below.
), the amount payable shall be the amounts determined under the contract for such plan pursuant to
Editorial Notes
References in Text

This chapter, referred to in subsec. (f)(2)(D), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, was in the original “the Social Security Act”, which is classified generally to this chapter. For complete classification of the Social Security Act to the Code, see section 1305 of this title and Tables.

The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (f)(2)(D), is Puspan. L. 93–344, July 12, 1974, 88 Stat. 297. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables.

Section 1395w–111(g)(4) of this title, referred to in subsec. (g), was in the original “section 1860D–3(c)(4)”, and was translated as reading “section 1860D–11(g)(4)”, meaning section 1860D–11(g)(4) of the Social Security Act, to reflect the probable intent of Congress, because section 1860D–3, which is classified to section 1395w–103 of this title, does not contain a subsec. (c), and section 1395w–111(g)(4) of this title defines “fallback prescription drug plan” for purposes of this part.

Amendments

2022—Subsec. (a). Puspan. L. 117–169, § 11201(d)(3)(D)(i), inserted “(or, for each of 2024 through 2029, the percent applicable as a result of the application of section 1395w–113(a)(8) of this title, or, for 2030 and each subsequent year, 100 percent minus the percent specified under section 1395w–113(a)(9) of this title)” after “74.5 percent” in introductory provisions.

Subsec. (a)(1)(B). Puspan. L. 117–169, § 11201(d)(3)(D)(ii), substituted “paragraph (2) or (8) of section 1395w–113(a) of this title (as applicable)” for “paragraph (2) of section 1395w–113(a) of this title”.

Subsec. (span)(1). Puspan. L. 117–169, § 11201(span)(1), inserted dash after “equal to”, designated remainder of existing provisions as subpar. (A), substituted “for a year preceding 2025, 80 percent” for “80 percent”, and added subpar. (B).

Subsec. (span)(2). Puspan. L. 117–169, § 11201(span)(2), designated existing provisions as subpar. (A) and inserted heading, substituted “Subject to subparagraph (B), for purposes” for “For purposes”, and added subpar. (B).

Subsec. (span)(3). Puspan. L. 117–169, § 11201(span)(3), substituted “Subject to paragraph (2)(B), for purposes” for “For purposes” and inserted “(or, with respect to 2025 and subsequent years, in the case of an applicable drug, as defined in section 1395w–114c(g)(2) of this title, by a manufacturer)” after “by the individual or under the plan”.

Subsec. (f)(2)(A)(i). Puspan. L. 117–169, § 11001(span)(1)(H)(ii), inserted “or part E of subchapter XI” after “this section”.

Subsec. (f)(2)(D). Puspan. L. 117–328 added subpar. (D).

Subsec. (h). Puspan. L. 117–169, § 11406(c)(1), inserted “and Insulin” after “Practices” in heading.

Puspan. L. 117–169, § 11401(c)(1), added subsec. (h).

Subsec. (h)(1). Puspan. L. 117–169, § 11406(c)(2), substituted “paragraph (8) or (9) of section 1395w–102(span) of this title” for “section 1395w–102(span)(8) of this title”.

2020—Subsec. (f)(2)(C). Puspan. L. 116–260, § 112(a)(1), added subpar. (C).

Subsec. (f)(3). Puspan. L. 116–260, § 112(a)(2), added par. (3).

2010—Subsec. (f)(2). Puspan. L. 111–148 substituted “may be used—” for “may be used by officers, employees, and contractors of the Department of Health and Human Services only for the purposes of, and to the extent necessary in, carrying out this section.” in introductory provisions and added subpars. (A) and (B).

Statutory Notes and Related Subsidiaries
Construction of 2022 Amendment

Nothing in amendment by section 11401(c)(1) of Puspan. L. 117–169 to be construed as limiting coverage under this part for vaccines that are not recommended by the Advisory Committee on Immunization Practices, see section 11401(d) of Puspan. L. 117–169, set out as a note under section 1395w–102 of this title.