S.Amdt. 470

SA 470. Mr. SPECTER 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 698, after line 25, insert the following:

SEC. 4204A. EXCLUSION OF CUSTOMARY PROMPT PAY DISCOUNTS
EXTENDED TO WHOLESALERS FROM MANUFACTURER'S
AVERAGE SALES PRICE FOR PAYMENTS FOR DRUGS AND
BIOLOGICALS UNDER MEDICARE PART B.

(a) In General.--Section 1847A(c)(3) of the Social Security
Act (42 U.S.C. 1395w-3a(c)(3)) is amended--
(1) in the first sentence, by inserting ``(other than
customary prompt pay discounts extended to wholesalers)''
after ``prompt pay discounts''; and
(2) in the second sentence, by inserting ``(other than
customary prompt pay discounts extended to wholesalers)''
after ``other price concessions''.
(b) Effective Date.--The amendments made by this section
shall apply to drugs and biologicals furnished on or after
the date that is 30 days after the date of the enactment of
this Act.
Beginning on page 131, strike line 12 and all that follows
through page 133, line 17.
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