covered part D drug

(1) In general Except as provided in this subsection, for purposes of this part, the term “covered part D drug” means— (A) a drug that may be dispensed only upon a prescription and that is described in subparagraph (A)(i), (A)(ii), or (A)(iii) of section 1396r–8(k)(2) of this title ; (B) a biological product described in clauses (i) through (iii) of subparagraph (B) of such section or insulin described in subparagraph (C) of such section and medical supplies associated with the injection of insulin (as defined in regulations of the Secretary); or (C) for the period beginning on December 29, 2022 , and ending on December 31, 2024 , an oral antiviral drug that may be dispensed only upon a prescription and is authorized under section 360bbb–3 of title 21 , on the basis of the declaration published in the Federal Register by the Secretary of Health and Human Services on April 1, 2020 ( 85 Fed. Reg. 18250 et seq.), and such term includes a vaccine licensed under section 262 of this title (and, for vaccines administered on or after January 1, 2008 , its administration) and any use of a covered part D drug for a medically accepted indication (as defined in paragraph (4)).

Source

42 USC § 1395w-102(e)(1)


Scoping language

in this subsection
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