S.Amdt. 3128

SA 3128. Mr. KOHL submitted an amendment intended to be proposed to
amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:

On page 921, between lines 20 and 21, insert the following:

SEC. 3210. EXPANSION OF 340B PROGRAM COVERED ENTITIES AND
RECEIPT BY CERTAIN PACE PROGRAMS AND SNPS OF
PERCENTAGE OF SAVINGS FROM PARTICIPATION IN
340B PROGRAM.

(a) Expansion of 340B Program Covered Entities.--Section
340B(a)(4) of the Public Health Service Act (42 U.S.C.
256b(a)(4)), as amended by section 7101, is further amended
by adding at the end the following:
``(P) An entity that is--
``(i) a PACE program under section 1894 of the Social
Security Act; or
``(ii) a specialized MA plan for special needs individuals
described in section 1859(b)(6)(B)(ii) of such Act, all or
nearly all of whom are nursing home certifiable, that is
fully integrated with capitated contracts with States for
Medicaid benefits.''.
(b) Receipt by Certain PACE Programs and SNPs of Percentage
of Savings From Participation in 340B Program.--
(1) PACE programs.--Section 1894 of the Social Security Act
(42 U.S.C. 1395eee), as amended by section 3201(i), is
further amended--
(A) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(B) by inserting after subsection (h) the following new
subsection:
``(i) Receipt by Certain PACE Programs of Percentage of
Savings From Participation in 340B Program.--
``(1) In general.--An applicable PACE program is eligible
to receive from the Secretary an amount equal to 10 percent
of the estimated savings to the program under this title as a
result of participation in the program under section 340B of
the Public Health Service Act (as determined by the
Secretary).
``(2) Applicable pace program defined.--For purposes of
paragraph (1), the term `applicable PACE program' means a
PACE program that--
``(A) is participating in the program under section 340B of
the Public Health Service Act;
``(B) submits to the Secretary an application in such form
and manner, and containing such information, as the Secretary
may specify; and
``(C) has in effect a plan approved by the Secretary for
the use of any amounts received by the program or plan under
paragraph (1) to provide enhanced formulary coverage,
medication management, or disease management to enrollees.''.
(2) SNPS.--Section 1859 of the Social Security Act (42
U.S.C. 1395w-28), as amended by section 3208, is further
amended by adding at the end the following new subsection:
``(h) Receipt by Certain SNPs of Percentage of Savings From
Participation in 340B Program.--
``(1) In general.--An applicable specialized MA plan for
specialized needs individuals is eligible to receive from the
Secretary an amount equal to 10 percent of the estimated
savings to the program under this title as a result of
participation in the program under section 340B of the Public
Health Service Act (as determined by the Secretary).
``(2) Applicable specialized ma plan for special needs
individuals defined.--For purposes of paragraph (1), the term
`applicable specialized MA plan for special needs
individuals' means a specialized MA plan for special needs
individuals described in subsection (b)(6)(B)(ii), all or
nearly all of whom are nursing home certifiable, that is
fully integrated with capitated contracts with States for
Medicaid benefits that--
``(A) is participating in the program under section 340B of
the Public Health Service Act;
``(B) submits to the Secretary an application in such form
and manner, and containing such information, as the Secretary
may specify; and
``(C) has in effect a plan approved by the Secretary for
the use of any amounts received by the program or plan under
paragraph (1) to provide enhanced formulary coverage,
medication management, or disease management to enrollees.''.
(c) Development of New Program.--The Secretary of Health
and Human Services may develop and implement a program
whereby such Secretary enters into an agreement with
manufacturers that participate in the program under section
340B of the Public Health Service Act (42 U.S.C. 256b) under
which enrollees in PACE programs under section 1894 of the
Social Security Act (42 U.S.C. 1395eee) and specialized MA
plans for special needs individuals described in section
1859(b)(6)(B)(ii) of such Act (42 U.S.C. 1395w-28) may
receive covered drugs (as defined under such section 340B)
from pharmacies selected by the PACE program or specialized
MA plan, including local pharmacies.
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