over the counter drug

(2) “Rebate percentage” defined (A) In general For a covered outpatient drug purchased in a calendar quarter, the “rebate percentage” is the amount (expressed as a percentage) equal to— (i) the average total rebate required under section 1927(c) of the Social Security Act [ 42 U.S.C. 1396r–8(c) ] with respect to the drug (for a unit of the dosage form and strength involved) during the preceding calendar quarter; divided by (ii) the average manufacturer price for such a unit of the drug during such quarter. (B) Over the counter drugs (i) In general For purposes of subparagraph (A), in the case of over the counter drugs, the “rebate percentage” shall be determined as if the rebate required under section 1927(c) of the Social Security Act [ 42 U.S.C. 1396r–8(c) ] is based on the applicable percentage provided under section 1927(c)(3) of such Act. (ii) “Over the counter drug” defined The term “over the counter drug” means a drug that may be sold without a prescription and which is prescribed by a physician (or other persons authorized to prescribe such drug under State law).

Source

42 USC § 256b(a)(2)

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Scoping language

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

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