; and (C) the number of individual users of such prescription digital therapeutic for such period. (2) Treatment of discounts The payment rate reported by a manufacturer in accordance with paragraph (1)(A) shall reflect all discounts, rebates, coupons, and other price concessions, including those described in section 1847A(c)(3). (3) Civil monetary penalty (A) In general If the Secretary determines that a manufacturer has failed to report, or made a misrepresentation or omission in reporting, information under this subsection with respect to a prescription digital therapeutic, the Secretary may apply a civil money penalty in an amount of up to $10,000 per day for each failure to report or each such misrepresentation or omission. (B) Application The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as they apply to a civil money penalty or proceeding under section 1128A(a). (4) Confidentiality Information reported under this subsection shall be treated in the same manner in which information disclosed by a manufacturer or a wholesaler of a covered outpatient drug is treated under section 1927(b)(3)(D). (d) Definitions For purposes of this section: (1) Actual list charge The term actual list charge means the publicly available payment rate for a prescription digital therapeutic on the first day that such prescription digital therapeutic is available for purchase by a private payor. (2) HCPCS The term HCPCS means, with respect to an item, the code under the Healthcare Common Procedure Coding System (HCPCS) (or a successor code) for such item. (3) Manufacturer The term manufacturer has the meaning given such term by section 820.3(o) of title 21, Code of Federal Regulations (or any successor regulation). (4) Prescription digital therapeutic The term prescription digital therapeutic has the meaning given such term in section 1861(nnn). (5) Private payor The term private payor has the meaning given such term in section