BRAND NAME PHARMACEUTICALS.

SEC. 1404. BRAND NAME PHARMACEUTICALS.(a) In General.—Section 9008 of the Patient Protection and Affordable Care Act is amended—(1) in subsection (a)(1), by striking “2009” and inserting “2010”;(2) in subsection (b)—(A) by striking “$2,300,000,000” in paragraph (1) and inserting “the applicable amount”; and(B) by adding at the end the following new paragraph:“(4) Applicable amount.—For purposes of paragraph (1), the applicable amount shall be determined in accordance with the following table: “Calendar year Applicable amount 2011$2,500,000,000 2012$2,800,000,000 2013$2,800,000,000 2014$3,000,000,000 2015$3,000,000,000 2016$3,000,000,000 2017$4,000,000,000 2018$4,100,000,000 2019 and thereafter$2,800,000,000.”; (3) in subsection (d), by adding at the end the following new paragraph:“(3) Joint and several liability.—If more than one person is liable for payment of the fee under subsection (a) with respect to a single covered entity by reason of the application of paragraph (2), all such persons shall be jointly and severally liable for payment of such fee.”; and(4) by striking subsection (j) and inserting the following new subsection:“(j) Effective Date.—This section shall apply to calendar years beginning after December 31, 2010.”.(b) Effective Date.—The amendments made by this section shall take effect as if included in section 9008 of the Patient Protection and Affordable Care Act.