INCLUDING COSTS INCURRED BY AIDS DRUG ASSISTANCE PROGRAMS AND INDIAN HEALTH SERVICE IN PROVIDING PRESCRIPTION DRUGS TOWARD THE ANNUAL OUT-OF-POCKET THRESHOLD UNDER PART D.

SEC. 3314. INCLUDING COSTS INCURRED BY AIDS DRUG ASSISTANCE PROGRAMS AND INDIAN HEALTH SERVICE IN PROVIDING PRESCRIPTION DRUGS TOWARD THE ANNUAL OUT-OF-POCKET THRESHOLD UNDER PART D.(a) In General.—Section 1860D–2(b)(4)(C) of the Social Security Act (42 U.S.C. 1395w–102(b)(4)(C)) is amended—(1) in clause (i), by striking “and” at the end;(2) in clause (ii)—(A) by striking “such costs shall be treated as incurred only if” and inserting “subject to clause (iii), such costs shall be treated as incurred only if”;(B) by striking “, under section 1860D–14, or under a State Pharmaceutical Assistance Program”; and(C) by striking the period at the end and inserting “; and”; and(3) by inserting after clause (ii) the following new clause:“(iii) such costs shall be treated as incurred and shall not be considered to be reimbursed under clause (ii) if such costs are borne or paid—124 STAT. 479“(I) under section 1860D–14;“(II) under a State Pharmaceutical Assistance Program;“(III) by the Indian Health Service, an Indian tribe or tribal organization, or an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act); or“(IV) under an AIDS Drug Assistance Program under part B of title XXVI of the Public Health Service Act.”.(b) Effective Date.—The amendments made by subsection (a) shall apply to costs incurred on or after January 1, 2011.