; and (2) by adding at the end the following new paragraph: (2) Manufacturers that do not have a rebate agreement (A) In general For calendar quarters beginning with the first calendar quarter after the date of the enactment of this paragraph, the following provisions shall apply with respect to a manufacturer of an applicable drug or biological (as defined in subparagraph (B)) that has not entered into and does not have in effect a rebate agreement described in subsection (b) of section 1927 in the same manner and to the same extent as such provisions apply with respect to a manufacturer that has entered into and has in effect such a rebate agreement: (i) Section 1927(b)(3)(A)(iii). (ii) Subparagraphs (B) and (C) (other than the rebate agreement suspension described in such subparagraph (C)) of section 1927(b)(3). (B) Applicable drug or biological defined For purposes of subparagraph (A), the term applicable drug or biological means a drug or biological described in subparagraph (C), (E), or (G) of section 1842(o)(1) or in section 1881(b)(14)(B) that is payable under this part. For purposes of applying this paragraph, a drug or biological described in the previous sentence includes an item, service, supply, or product that is payable under this part as a drug or biological. . (b) Conforming amendments (1) Title XVIII Section 1847A(b) of the Social Security Act (42 U.S.C. 1395w–3a(b)) is amended— (A) in paragraph (2)(A), by inserting or subsection (f)(2), as applicable after under section 1927(b)(3)(A)(iii) ; and (B) in each of paragraphs (3) and (6)(A), in the matter preceding subparagraph (A) and clause (i), respectively, by inserting or subsection (f)(2), as applicable, after under section 1927(b)(3)(A)(iii) . (2) Title XIX Section 1927(b)(3) of the Social Security Act ( 42 U.S.C. 1396r–8(b)(3) ) is amended— (A) in subparagraph (A), in the flush matter following clause (iv), by inserting or section 1847A(f)(2) after Information reported under this subparagraph