; or and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (E) with respect to any amount expended for a covered outpatient drug for which a suspension under section 1927(c)(4)(B)(ii)(II) is in effect; or . (B) Section 1927(b)(3)(C)(ii) of the Social Security Act ( 42 U.S.C. 1396r–8(b)(3)(C)(ii) ) is amended by striking subsections (a) and (b) and inserting subsections (a), (b), (f)(3), and (f)(4) . (b) Recovery of unpaid rebate amounts due to misclassification of covered outpatient drugs (1) In general Section 1927(c) of the Social Security Act ( 42 U.S.C. 1396r–8(c) ) is amended by adding at the end the following new paragraph: (4) Recovery of unpaid rebate amounts due to misclassification of covered outpatient drugs (A) In general If the Secretary determines that a manufacturer with an agreement under this section paid a lower per-unit rebate amount to a State for a rebate period as a result of the misclassification by the manufacturer of a covered outpatient drug (without regard to whether the manufacturer knowingly made the misclassification or should have known that the misclassification would be made) than the per-unit rebate amount that the manufacturer would have paid to the State if the drug had been correctly classified, the manufacturer shall pay to the State an amount equal to the product of— (i) the difference between— (I) the per-unit rebate amount paid to the State for the period; and (II) the per-unit rebate amount that the manufacturer would have paid to the State for the period, as determined by the Secretary, if the drug had been correctly classified