Penalty Provisions. (a) The Secretary may impose a civil monetary penalty on a Manufacturer that fails to pay applicable discounts under the Agreement. For purposes of this Agreement, the Manufacturer will have failed to pay applicable discounts if payment has not been transmitted within 38 calendar days of receipt of the applicable invoice for each identified Part D sponsor. The amount for each such failure is the amount the Secretary determines is commensurate with the sum of the amount that the Manufacturer would have paid with respect to such discounts under the Agreement, which will then be used to pay the applicable discounts which the Manufacturer failed to provide, plus an additional 25 percent of the amount the Manufacturer would have paid with respect to such discounts under the agreement. (b) The provisions of section 1128A of the Act (other than subsections (a) and (b)) shall apply to a civil money penalty in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a) of the Act.
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Samples: Medicare Coverage Gap Discount Program Agreement, Medicare Coverage Gap Discount Program Agreement, Medicare Coverage Gap Discount Program Agreement
Penalty Provisions. (a) The Secretary may shall impose a civil monetary penalty on a Manufacturer that fails to pay applicable discounts under the AgreementAgreement and as described in 42 CFR §423.2340. For purposes of this Agreement, the Manufacturer will have failed to pay applicable discounts if payment has not been transmitted within 38 calendar days of receipt of the applicable invoice for each identified Part D sponsor. The amount for each such failure is the amount the Secretary determines is commensurate with the sum of the amount that the Manufacturer would have paid with respect to such discounts under the Agreement, which will then be used to pay the applicable discounts which the Manufacturer failed to provide, plus an additional 25 percent of the amount the Manufacturer would have paid with respect to such discounts under the agreement.
(b) The provisions of section 1128A of the Act (other than subsections (a) and (b)) shall apply to a civil money penalty in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a) of the Act.
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