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(iv) If an applicable period for which a rebate reduction determined under 428.302 or 428.303 has been granted would be the first applicable period set forth in paragraph (b)(2)(i)(A) or (b)(2)(ii)(A) of this section and the Part D rebatable drug or biosimilar continues to be in shortage after the rebate reduction period set forth in 428.302 or 428.303, as applicable, CMS will treat the applicable period following the applicable period in which the rebate reduction determined under 428.302 or 428.303 applies as the first applicable period so described

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Swymer C, Neville MW

doi: 10.1186/s12866-021-02366-0 63 Das DeT.SharmaP.TevatiyaS.ChauhanC.KumariS.YadavP.et al