is jointly determined between the insurance issuers or their designated agents. (b) Definitions For purposes of this section: (1) Antitrust laws The term antitrust laws has the meaning given it in subsection (a) of the 1st section of the Clayton Act ( 15 U.S.C. 12(a) ), except that such term includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section 5 applies to unfair methods of competition. (2) Health insurance issuer The term health insurance issuer has the meaning given that term in section 2791(b) of the Public Health Service Act ( 42 U.S.C. 300gg–91(b) ). (3) Health maintenance organization The term health maintenance organization means— (A) a federally qualified health maintenance organization (as defined in section 300e(a) of title 42 of the Code of Federal Regulations), (B) an organization recognized under State law as a health maintenance organization, or (C) a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization. (4) Manufacturer The term manufacturer means anyone who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a prescription drug. (5) Prescription drug The term prescription drug means a drug for human use subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ). (c) Effective date This section shall take effect on the date of the enactment of this Act but shall not apply with respect to conduct that occurs before such date. 403. Fair treatment of Medicare part B billing codes for the prescribing of biosimilars Section 1847A of the Social Security Act ( 42 U.S.C. 1395w–3a ) is amended by adding at the end the following new subsection: (h) Use of certain codes Notwithstanding any previous provision of this section, for purposes of payment of biological biosimilar product the Secretary of Health and Human Services shall assign a uniform Common Procedure System