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<strong>CMS</strong>-1403-FC<br />

(2) The payment amount that would have <strong>been</strong> determined<br />

for such drug or biological if section 1847A(c)(6)(C)(ii)<br />

were not applied.<br />

(B) A multiple source drug described in section<br />

1842(o)(1)(G) (excluding a drug or biological that is<br />

treated as a multiple source drug because of the<br />

application of section 1847A(c)(6)(C)(ii)) is the lower of—<br />

(1) The payment amount that would be determined for<br />

such drug or biological taking into account the application<br />

of section 1847A(c)(6)(C)(ii); or<br />

(2) The payment amount that would have <strong>been</strong> determined<br />

for such drug or biological if section 1847A(c)(6)(C)(ii)<br />

were not applied.<br />

* * * * *<br />

PART 415--SERVICES FURNISHED BY PHYSICIANS IN PROVIDERS,<br />

SUPERVISING PHYSICIANS IN TEACHING SETTINGS, AND RESIDENTS<br />

IN CERTAIN SETTINGS<br />

32. The authority citation for part 415 continues to<br />

read as follows:<br />

Authority: Secs. 1102 and 1871 of the Social Security<br />

Act (42 U.S.C. 1302 and 1395hh).<br />

Subpart C--Part B Carrier Payments for Physician Services<br />

to Beneficiaries in Providers<br />

§415.130 [Amended].<br />

1132

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