S.Amdt. 469

SA 469. Mr. CRAPO submitted an amendment intended to be proposed to
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to
the bill H.R. 1, making supplemental appropriations for job
preservation and creation, infrastructure investment, energy efficiency
and science, assistance to the unemployed, and State and local fiscal
stabilization, for fiscal year ending September 30, 2009, and for other
purposes; which was ordered to lie on the table; as follows:

On page 735, after line 7, add the following:

SEC. 5006. MEDICAID REBATES FOR PHYSICIAN ADMINISTERED DRUGS.

(a) Extension for Implementation of Requirement for
Hospitals to Submit Utilization Data.--Section 1927(a)(7) of
the Social Security Act (42 U.S.C. 1396r-8(a)(7)) is
amended--
(1) in subparagraph (A), by inserting ``in non-hospital
settings and on or after November 1, 2009, in hospitals''
after ``January 1, 2006,'';
(2) in subparagraph (B)(ii), by inserting ``in non-hospital
settings and on or after November 1, 2009, in hospitals''
after ``January 1, 2008,''; and
(3) in subparagraph (C), by inserting ``(November 1, 2009,
in the case of hospital information),'' after ``January 1,
2007,''.
(b) Proportional Rebates for Dual Eligible Claims.--Section
1927(a)(7) of the Social Security Act (42 U.S.C. Sec. 1396r-
8(a)(7)) is amended by adding at the end the following new
subparagraph:
``(E) Temporary adjustment to rebate calculation for dual
eligible claims.--Only with respect to claims for rebates
submitted by States to manufacturers during the 2-year period
that begins on the date of enactment of this subparagraph,
for purposes of calculating the amount of rebate under
subsection (c) for a rebate period for a covered outpatient
drug for which payment is made under a State plan or waiver
under this title and under part B of title XVIII, the total
number of units reported by the State of each dosage form and
strength of each such drug paid for under the State plan or
waiver under this title during such rebate period is deemed
to be equal to the product of--
``(i) such total number of units of such drug for which
payment is made under the State plan or waiver under this
title and under part B of title XVIII; and
``(ii) the proportion (expressed as a percentage) that the
amount the State paid for each dosage form and strength of
such drug under the State plan or waiver under this title
during such rebate period bears to the amount that the State
would have paid for each dosage form and strength of such
drug under the State plan or waiver under this title during
such rebate period if the State were the sole payer for such
dosage form and strength of such drug.''.
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