124 STAT. 464 PUBLIC LAW 111–148—MAR. 23, 2010 it is not practicable to provide such discounted prices at the point-of-sale (as described in clause (ii)), the establishment of procedures to provide such discounted prices as soon as practicable after the point-of-sale; ‘‘(iv) the establishment of procedures to ensure that, not later than the applicable number of calendar days after the dispensing of an applicable drug by a pharmacy or mail order service, the pharmacy or mail order service is reimbursed for an amount equal to the difference between— ‘‘(I) the negotiated price of the applicable drug; and ‘‘(II) the discounted price of the applicable drug; ‘‘(v) the establishment of procedures to ensure that the discounted price for an applicable drug under this section is applied before any coverage or financial assistance under other health benefit plans or pro- grams that provide coverage or financial assistance for the purchase or provision of prescription drug cov- erage on behalf of applicable beneficiaries as the Sec- retary may specify; ‘‘(vi) the establishment of procedures to implement the special rule for supplemental benefits under para- graph (2); and ‘‘(vii) providing a reasonable dispute resolution mechanism to resolve disagreements between manufac- turers, applicable beneficiaries, and the third party with a contract under subsection (d)(3). ‘‘(B) MONITORING COMPLIANCE.— ‘‘(i) IN GENERAL.—The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under this section. ‘‘(ii) NOTIFICATION.—If a third party with a con- tract under subsection (d)(3) determines that the manufacturer is not in compliance with such agree- ment, the third party shall notify the Secretary of such noncompliance for appropriate enforcement under subsection (e). ‘‘(C) COLLECTION OF DATA FROM PRESCRIPTION DRUG PLANS AND MA–PD PLANS.—The Secretary may collect appro- priate data from prescription drug plans and MA–PD plans in a timeframe that allows for discounted prices to be provided for applicable drugs under this section. ‘‘(2) SPECIAL RULE FOR SUPPLEMENTAL BENEFITS.—For plan year 2010 and each subsequent plan year, in the case where an applicable beneficiary has supplemental benefits with respect to applicable drugs under the prescription drug plan or MA–PD plan that the applicable beneficiary is enrolled in, the applicable beneficiary shall not be provided a discounted price for an applicable drug under this section until after such supplemental benefits have been applied with respect to the applicable drug. ‘‘(d) ADMINISTRATION.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary shall provide for the implementation of this section, including the performance of the duties described in subsection (c)(1).
