subsequent plan year beginning before the first plan year beginning after the date on which the Secretary determines the drug is no longer a qualifying single source drug. (d) Negotiation-Eligible drug (1) In general For purposes of this part, the term negotiation-eligible drug means, with respect to the selected drug publication date with respect to an initial price applicability year, a qualifying single source drug, as defined in subsection (e), that meets any of the following criteria: (A) Covered part D drugs The drug is among the 125 covered part D drugs (as defined in section 1860D–2(e)) for which there was an estimated greatest net spending under parts C and D of title XVIII, as determined by the Secretary, during the most recent plan year prior to such drug publication date for which data are available. (B) Other drugs The drug is among the 125 drugs for which there was an estimated greatest net spending in the United States, as determined by the Secretary, during the most recent plan year prior to such drug publication date for which data are available. (C) Insulin The drug is a qualifying single source drug described in subsection (e)(3). (2) Clarification In determining whether a qualifying single source drug satisfies any of the criteria described in paragraph (1), the Secretary shall, to the extent practicable, use data that is aggregated across strengths and dosage forms and routes of administration of the drug. (3) Publication Not later than the selected drug publication date with respect to an initial price applicability year, the Secretary shall publish in the Federal Register a list of negotiation-eligible drugs with respect to such selected drug publication date. (e) Qualifying single source drug For purposes of this part, the term qualifying single source drug means any of the following: (1) Drug products A drug that— (A) is approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act and continues to be marketed pursuant to such approval