; and (II) 25 percent of such amount. (ii) Application The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). (7) Implementation The Secretary shall implement this subsection through notice and comment rulemaking. (8) Definition of refundable single-dose container or single-use package drug (A) In general Except as provided in subparagraph (B), in this subsection, the term refundable single-dose container or single-use package drug means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is established under this part and that is furnished from a single-dose container or single-use package. (B) Exclusions The term refundable single-dose container or single-use package drug does not include a drug or biological that is either a radiopharmaceutical or an imaging agent. . 108. Clarification of Medicare average sales price payment methodology (a) In general Section 1847A(c) of the Social Security Act (42 U.S.C. 1395w–3a(c)), as amended by section 102, is amended— (1) in paragraph (3)(A), in the first sentence— (A) by striking and rebates and inserting rebates ; and (B) by inserting , and fees (other than bona fide service fees) before the period at the end; and (2) in paragraph (6), by adding at the end the following new subparagraph: (M) Bona fide service fee The term bona fide service fee means a fee paid by a manufacturer to an entity that— (i) represents fair market value for a bona fide, itemized service that— (I) is actually performed on behalf of the manufacturer; and (II) the manufacturer would otherwise perform (or contract for) in the absence of the service arrangement; (ii) is not passed on, in whole or in part, to a client or customer of the entity, whether or not the entity takes title to the drug or biological