Exception under the antikickback statute

(a) In general Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a–7b(b)(3)) is amended— (1) in subparagraph (J), by moving the left margin of such subparagraph 2 ems to the left; (2) in subparagraph (K)— (A) by moving the left margin of such subparagraph 2 ems to the left; and (B) by striking and at the end; (3) in subparagraph (L)(iii), by striking the period and inserting; and; and (4) by adding at the end the following new subparagraph: (M) any remuneration provided by a manufacturer or third party on behalf of a manufacturer to a State under a value-based purchasing arrangement (as defined in section 1927(k)(12)) under a State plan under title XIX (or waiver of such plan) in the case a patient fails to achieve outcomes or measures defined in such arrangement following the administration of a covered outpatient drug (as defined in section 1927(k)(2)).. (b) Rulemaking Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Health and Human Services shall through rulemaking implement the amendments made by this section.