such drugs shall discriminate against the covered entity or its contract pharmacy in a manner that prevents or interferes with the patient’s choice to receive such drugs from the covered entity or contract pharmacy. (3) Exception Paragraph (1) shall not apply to States with respect to retail drugs that are reimbursed by the State on a fee-for-service basis pursuant to a State plan approved under title XIX of the Social Security Act. . 5. Program integrity (a) Findings Congress finds the following: (1) In response to findings by the Office of the Inspector General of the Department of Health and Human Services that nearly 100 percent of covered entities were overcharged by manufacturers for at least one of the drugs reviewed, Congress directed the Secretary of Health and Human Services in 2010 to publish the ceiling prices under section 340B of the Public Health Service Act ( 42 U.S.C. 256b ) (in this section referred to as the 340B ceiling price ) via Internet website so that covered entities could verify they were being charged the correct price, however this website has not yet been established, leaving covered entities vulnerable to continuing manufacturer overcharges. (2) In response to findings by the Office of the Inspector General of the Department of Health and Human Services of widespread overcharges by manufacturers and a lack of oversight and authority by the Secretary of Health and Human Services to ensure that covered entities paid no more than the 340B ceiling price, Congress directed the Secretary to develop standards for calculating 340B ceiling prices and civil monetary penalties to apply to manufacturers that violate these rules, however those standards and penalties have not yet been developed, significantly limiting the Secretary’s ability to oversee manufacturer compliance with such section 340B of the Public Health Service Act ( 42 U.S.C. 256b ). (3) There is no public transparency on drug manufacturers’ average manufacturer price, best price in the marketplace, or how much the average