; (ii) a patient participating in hospice care; and (iii) in the case of the death or incapacity of a patient described in subparagraph (A) or (B) or any similar situation as determined by the Secretary of Health and Human Services, the appropriate family member, medical proxy, or similar representative or the estate of such patient. (3) Fees (A) In general There is hereby imposed on the sale of any active opioid by the manufacturer, producer, or importer a fee equal to 1 cent per 100 milligrams so sold. (B) Special rules (i) Definition In this paragraph, the term active opioid — (I) means any controlled substance (as defined in section 102 of the Controlled Substances Act, as in effect on the date of the Safe Disposal of Opioids Act of 2018 ) which is opium, an opiate, or any derivative thereof; and (II) excludes any prescribed drug which is used exclusively for the treatment of opioid addiction as part of a medically assisted treatment effort. (ii) Exclusion of other ingredients In the case of a product that includes an active opioid and another ingredient, subparagraph (A) shall apply only to the portion of such product that is an active opioid. (4) Authorization of appropriations For fiscal year 2019 and each subsequent fiscal year, there is authorized to be appropriated to carry out this subsection an amount not to exceed the aggregate amount of the fees collected pursuant to paragraph (3). .