Document ID: chunk:federal_register_of_legislation:C2021A00139:clause:1_99adhc:p2
Version: federal_register_of_legislation:C2021A00139
Segment Type: clause
Provision Reference: sch 1 cl 99ADHC (pt 2/2)
Character Range: 47804–49540

under section 99ADH as the result of subparagraph 99ADH(1)(c)(ii) or (iii).
 (5) If, apart from this subsection:
 (a) the approved ex‑manufacturer price of the designated brand of the pharmaceutical item is to be reduced under a provision of this Part; and
 (b) the reduction would result in the approved ex‑manufacturer price being less than $4;
then:
 (c) the approved ex‑manufacturer price is not to be reduced under that provision to an amount less than $4; and
 (d) the approved ex‑manufacturer price is instead to be reduced by an amount that would result in the approved ex‑manufacturer price being $4; and
 (e) the reduction mentioned in paragraph (d) is taken to be a reduction under that provision.

When the drug and manner of administration of a pharmaceutical item is taken to have been on F2 for at least 42 months
 (6) For the purposes of paragraph (1)(a), the drug and manner of administration of a pharmaceutical item is taken to have been on F2 for at least 42 months if:
 (a) at end of the previous data collection period, the drug in the designated brand of the pharmaceutical item had been on F2 for at least 42 months; and
 (b) on a day at least 42 months before the end of the previous data collection period:
 (i) there was a related brand of the designated brand of the pharmaceutical item that had the same pharmaceutical item as, or was bioequivalent or biosimilar to, the designated brand of the pharmaceutical item; or
 (ii) there were 2 or more related brands of the designated brand of the pharmaceutical item that had the same pharmaceutical item as, or were bioequivalent or biosimilar to, each other.
 (7) For the purposes of this section, data collection period has the same meaning as in Division 3B.