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and (5) Notwithstanding paragraph (c)(4) of this section, for a Part D rebatable drug that is a selected drug (as defined in section 1192(c) of the Act) with respect to a price applicability period (as defined in section 1191(b)(2) of the Act), in the case such Part D rebatable drug is no longer considered to be a selected drug, for each applicable period beginning after the price applicability period with respect to such drug, the payment amount benchmark period is the last calendar year of such price applicability period with respect to such selected drug

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We are adding a new paragraph (b)(1) at 425.510 to indicate that the requirement will be applicable for performance years beginning in 2021-2024

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