S.Amdt. 3017

1. Adds SEC. ___. RESERVE FUND TO LIMIT REMOVAL FROM, OR RESTRICTION OR LIMITATION ON, COVERED PART D DRUGS ON THE PRESCRIPTION DRUG PLAN FORMULARY at the end of title III

   Adds a section

   In S.Con.Res. 83 · Placed on Calendar Senate

   (2) that committee is within its allocation as provided under section 302(a) of the Congressional Budget Act of 1974; the chairman of the Committee on the Budget may make the appropriate adjustments in allocations and aggregates to the extent that such legislation would not increase the deficit for the fiscal year 2007 and for the period of fiscal years 2007 through 2011.

   Inserted: SEC. ___. RESERVE FUND TO LIMIT REMOVAL FROM, OR RESTRICTION OR LIMITATION ON, COVERED PART D DRUGS ON THE PRESCRIPTION DRUG PLAN FORMULARY.

   Inserted: The Chairman of the Committee on the Budget of the Senate may revise the allocations, aggregates, and other appropriate levels and limits in this resolution for a bill or

   Inserted: joint resolution, or an amendment thereto or conference report thereon, that would--

   Inserted: (1) limit the removal of a covered part D drug from the formulary, or the imposition of a restriction or a limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation), by the PDP sponsor of a prescription drug plan under part D of title XVIII of the Social Security Act or a Medicare Advantage organization offering an MA-PD plan under part C of such title--

   Inserted: (A) except as provided in subparagraph (B), other than at the beginning of each plan year; or

   Inserted: (B) during the period beginning on the date an individual first enrolls in a plan and ending on December 31 of the immediately succeeding plan year;

   Inserted: (2) provide exceptions to such limitation, in the case of a covered part D drug that--

   Inserted: (A) is a brand name drug for which there is a generic drug approved under section 505(j) of the Food and Drug Cosmetic Act (21 U.S.C. 355(j)) that is placed on the market during the period in which there are limitations on removal or change in the formulary;

   Inserted: (B) is a brand name drug that goes off-patent during such period;

   Inserted: (C) is a drug for which the Commissioner of Food and Drugs issues a clinical warning that imposes a restriction or limitation on the drug during such period or removes the drug from the market; or

   Inserted: (D) has been determined to be ineffective during such period; and

   Inserted: (3) require annual notice of any changes in the formulary or other restrictions or limitations on coverage of a covered part D drug under the plan that will take effect for the plan year;

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   Inserted: by the amount provided in such measure for those purposes, provided that such legislation would not increase the deficit for the period of fiscal years 2006 through 2011.

   Original wording

   At the end of title III, insert the following:

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As printed