covered drug
Defined in 3 places across 3 titles of the United States Code.
In this section, the term “covered drug”—
(A) means a covered outpatient drug (as defined in section 1927(k)(2) of the Social Security Act [42 U.S.C. 1396r–8(k)(2)]); and
(B) includes, notwithstanding paragraph (3)(A) of section 1927(k) of such Act [42 U.S.C. 1396r–8(k)(3)(A)], a drug used in connection with an inpatient or outpatient service provided by a hospital described in subparagraph (L), (M), (N), or (O) of subsection (a)(4) that is enrolled to participate in the drug discount program under this section.
Source
- 2010–present42 U.S.C. § 256BThe Public Health and Welfare · Limitation on prices of drugs purchased by covered entities · in this section
The term “covered drug” means—
(A) a drug described in section 1927(k)(7)(A)(ii) of the Social Security Act, or that would be described in such section but for the application of the first sentence of section 1927(k)(3) of such Act;
(B) a drug described in section 1927(k)(7)(A)(iv) of the Social Security Act, or that would be described in such section but for the application of the first sentence of section 1927(k)(3) of such Act;
(C) any biological product identified under section 600.3 of title 21, Code of Federal Regulations; or
(D) insulin certified under section 506 of the Federal Food, Drug, and Cosmetic Act.
Source
- 1994–199738 U.S.C. § 8126Veterans Benefits · Limitation on prices of drugs procured by Department and certain other Federal agencies · in this section
The term “covered drug” means—
(A) a drug described in section 1927(k)(7)(A)(ii) of the Social Security Act, or that would be described in such section but for the application of the first sentence of section 1927(k)(3) of such Act;
(B) a drug described in section 1927(k)(7)(A)(iv) of the Social Security Act, or that would be described in such section but for the application of the first sentence of section 1927(k)(3) of such Act; or
(C) any biological product identified under section 600.3 of title 21, Code of Federal Regulations.
Source
- 1997–present38 U.S.C. § 8126Veterans Benefits · Limitation on prices of drugs procured by Department and certain other Federal agencies · in this section
The term “covered drug” means a drug approved under section 355(c) of this title—
(A) for which there are no unexpired patents included in the list under section 355(j)(7) of this title and no unexpired period of exclusivity;
(B) for which the approval of the application has been withdrawn for reasons other than safety or effectiveness; and
(C) for which—
(i)
(I) there is new scientific evidence available pertaining to new or existing conditions of use that is not reflected in the approved labeling;
(II) the approved labeling does not reflect current legal and regulatory requirements for content or format; or
(III) there is a relevant accepted use in clinical practice that is not reflected in the approved labeling; and
(ii) updating the approved labeling would benefit the public health.
Source
- 2020–present21 U.S.C. § 353dFood and Drugs · Process to update labeling for certain generic drugs · for purposes of this section