S.Amdt. 3867
What it does: Adds SEC. __. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS wherever appropriate
Sen. Olympia J. Snowe (R-ME)What it changes
1 change to S. 1955
Adds SEC. __. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS wherever appropriate
Adds a sectionInserted: SEC. __. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS.
Inserted: (a) In General.--Section 1860D-11 (42 U.S.C. 1395w-111) is amended by striking subsection (i) (relating to noninterference) and inserting the following:
Inserted: "(i) Authority To Negotiate Prices With Manufacturers.--
Inserted: "(1) In general.--Subject to paragraph (4), in order to ensure that beneficiaries enrolled under prescription drug plans and MA-PD plans pay the lowest possible price, the Secretary shall have authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part.
Inserted: "(2) Mandatory responsibilities.--The Secretary shall be required to--
Inserted: "(A) negotiate contracts with manufacturers of covered part D drugs for each fallback prescription drug plan under subsection (g); and
Inserted: "(B) participate in negotiation of contracts of any covered part D drug upon request of an approved prescription drug plan or MA-PD plan.
Inserted: "(3) Rule of construction.--Nothing in paragraph (2) shall be construed to limit the authority of the Secretary under paragraph (1) to the mandatory responsibilities under paragraph (2).
Inserted: "(4) No particular formulary or price structure.--In order to promote competition under this part and in carrying out this part, the Secretary may not require a particular formulary or institute a price structure for the reimbursement of covered part D drugs.".
Inserted: (b) Effective Date.--The amendment made by this section shall take effect on the date of enactment of this Act.
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Original wording
At the appropriate place, insert the following:
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As printed
SA 3867. Ms. SNOWE submitted an amendment intended to be proposed by her to the bill S. 1955 to amend title I of the Employee Retirement Security Act of 1974 and the Public Health Service Act to expand health care access and reduce costs through the creation of small business health plans and through modernization of the health insurance marketplace; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS.
(a) In General.--Section 1860D-11 (42 U.S.C. 1395w-111) is amended by striking subsection (i) (relating to noninterference) and inserting the following:
“(i) Authority To Negotiate Prices With Manufacturers.--
“(1) In general.--Subject to paragraph (4), in order to ensure that beneficiaries enrolled under prescription drug plans and MA-PD plans pay the lowest possible price, the Secretary shall have authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part.
“(2) Mandatory responsibilities.--The Secretary shall be required to--
“(A) negotiate contracts with manufacturers of covered part D drugs for each fallback prescription drug plan under subsection (g); and
“(B) participate in negotiation of contracts of any covered part D drug upon request of an approved prescription drug plan or MA-PD plan.
“(3) Rule of construction.--Nothing in paragraph (2) shall be construed to limit the authority of the Secretary under paragraph (1) to the mandatory responsibilities under paragraph (2).
“(4) No particular formulary or price structure.--In order to promote competition under this part and in carrying out this part, the Secretary may not require a particular formulary or institute a price structure for the reimbursement of covered part D drugs.”.
(b) Effective Date.--The amendment made by this section shall take effect on the date of enactment of this Act.
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Senate amendment submitted
May 9, 2006