of receipt of such complaints. (4) Exception The Secretary shall waive the penalties described under paragraph (1) with respect to a facility or provider who does not knowingly violate, and should not have reasonably known it violated, a provision of this part with respect to a participant, beneficiary, or enrollee, if such facility or practitioner, within 30 days of the violation, withdraws the bill that was in violation of such provision, and reimburses the health plan or enrollee, as applicable, in an amount equal to the difference between the amount billed and the amount allowed to be billed under the provision, plus interest, at an interest rate determined by the Secretary. (5) Hardship exemption The Secretary may establish a hardship exemption to the penalties under this subsection. (c) Continued Applicability of State Law This part shall not be construed to supersede any provision of State law which establishes, implements, or continues in effect any requirement or prohibition except to the extent that such requirement or prohibition prevents the application of a requirement or prohibition of this part. . (e) Rulemaking for median contracted rates Not later than July 1, 2020, the Secretary of Health and Human Services, jointly with the Secretary of Labor, shall establish through rulemaking the methodology the sponsor or issuer of a health plan (as defined in subsection (e) of section 2719A of the Public Health Service Act ( 42 U.S.C. 300gg–19a ), as added by subsection (b) of this section) shall use to determine the median contracted rate (as defined in section 2719A(b) of such Act, as amended by subsection (a) of this section), the information such sponsor or issuer shall share with the nonparticipating provider (as defined in such section) involved when making such a determination, and the geographic regions applied for purposes of this subparagraph (E) of section 2719A(b)(3), as amended by subsection (a) of this section. (f) Effective date The amendments made by subsections (a) and (b) shall apply with