medically accepted indication

(4) Medically accepted indication defined (A) In general For purposes of paragraph (1), the term “medically accepted indication” has the meaning given that term— (i) in the case of a covered part D drug used in an anticancer chemotherapeutic regimen, in section 1395x(t)(2)(B) of this title , except that in applying such section— (I) “prescription drug plan or MA–PD plan” shall be substituted for “carrier” each place it appears; and (II) subject to subparagraph (B), the compendia described in section 1396r–8(g)(1)(B)(i)(III) of this title shall be included in the list of compendia described in clause (ii)(I) section 1395x(t)(2)(B) of this title ; and (ii) in the case of any other covered part D drug, in section 1396r–8(k)(6) of this title . (B) Conflict of interest On and after January 1, 2010 , subparagraph (A)(i)(II) shall not apply unless the compendia described in section 1396r–8(g)(1)(B)(i)(III) of this title meets the requirement in the third sentence of section 1395x(t)(2)(B) of this title . (C) Update For purposes of applying subparagraph (A)(ii), the Secretary shall revise the list of compendia described in section 1396r–8(g)(1)(B)(i) of this title as is appropriate for identifying medically accepted indications for drugs. Any such revision shall be done in a manner consistent with the process for revising compendia under section 1395x(t)(2)(B) of this title .

Source

42 USC § 1395w-102(e)(4)

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Scoping language

None identified, default scope is assumed to be the parent (subpart 1) of this section.

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