; and (B) that are prescription drugs. (3) The term non-preferred brand drug tier means, with respect to a group health plan or health insurance issuer offering group or individual health insurance coverage that uses a formulary or other tiered cost-sharing structure, a category of drugs— (A) within a drug tier in such formulary or structure for which beneficiary cost-sharing is greater than drug tiers for generic drugs or preferred brand drugs in the formulary or structure; (B) that are prescription drugs; and (C) that are not included within a specialty drug tier. (4) The term prescription drug means— (A) a drug subject to section 503(b)(1) of the Federal Food, Drug, or Cosmetic Act; and (B) includes a drug described in subparagraph (A) that is a biological product (as defined in section 351(i) of this Act). (5) The term specialty drug tier means, with respect to a group health plan or health insurance issuer offering group or individual health insurance coverage that uses a formulary or other tiered cost-sharing structure, a category of drugs— (A) within a drug tier in such formulary or structure for which beneficiary cost-sharing is greater than drug tiers for generic drugs, preferred brand drugs, or non-preferred drugs in the plan’s formulary; and (B) that are prescription drugs. . (b) Effective date Section 2719B of the Public Health Service Act, as added by subsection (a), applies to plan years beginning on or after the date of the enactment of this Act.