plan and each issuer of health insurance coverage, with respect to which coverage is provided under such plan or coverage for such drug, that has elected under subsection (a) not to participate under the program with respect to such period and drug. 1198. Civil monetary penalty (a) Violations relating To offering of maximum fair price Any manufacturer of a selected drug that has entered into an agreement under section 1193, with respect to a plan year during the price applicability period for such drug, that does not provide access to a price that is not more than the maximum fair price (or a lesser price) for such drug for such year— (1) to a fair price eligible individual described in subparagraph (A) or (B) of section 1191(c)(1) furnished such drug during such year