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(ii) Total number of billing units as specified in 427.303

To determine the percentage of time a Part D rebatable drug was currently in shortage during the applicable period, as proposed in 428.301(b)(3), CMS would count the number of days such drug is currently in shortage in an applicable period and divide by the total number of days in that applicable period

Our regulations at 42 CFR 410.61(d), which are further clarified in our manual provisions in Pub

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(c) Identification of the Payment Amount Benchmark Period for a Part D Rebatable Drug No Longer Considered To Be a Selected Drug In proposed 428.202(c)(5), CMS proposes to codify policies described in section 40.2.2 of the revised Medicare Part D Drug Inflation Rebate Guidance relating to the identification of the payment amount benchmark period for 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