S.Amdt. 4009Senate115th Congress (2017-2019)

To improve the bill.

What it does: Rewrites section 2
Submitted September 4, 2018

What it changes

1 change to S. 2553 · shown in the bill's text

Rewrites a provision
  1. Rewrites section 2

    Replaces

    In S. 2553 · Introduced in Senate

    SEC. 2. PROHIBITION ON LIMITING CERTAIN INFORMATION ON DRUG PRICES.

    (a) In General.--Section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104) is amended by adding at the end the following new subsection:

    Struck: "(m) Prohibition on Limiting Certain Information on Drug Prices.-- A PDP sponsor and a Medicare Advantage organization shall ensure that--

    "([struck: 1][inserted: m]) [struck: any health benefits plan offered by the ][inserted: Prohibition on Limiting Certain Information on Drug Prices.--A PDP ]sponsor [struck: or ][inserted: and a Medicare Advantage ]organization[struck: , including a ][inserted: shall ensure that each ]prescription drug plan [struck: and an ][inserted: or ]MA-PD plan[struck: , ][inserted: offered by the sponsor or organization ]does not restrict a pharmacy that dispenses a prescription drug or biological from informing[struck: (or][inserted: , nor] penalize such pharmacy for informing[struck: )][inserted: ,] an enrollee [inserted: in such plan ]of any differential between the [inserted: negotiated ]price of[struck: ][inserted: , or copayment or coinsurance for, ]the drug or biological to the enrollee under the plan and [struck: the ][inserted: a lower ]price the individual would pay for the drug or biological if the enrollee obtained the drug without using any health insurance coverage[struck: ; and][inserted: .".]

    Struck: "(2) any entity that provides pharmacy benefits management services under a contract with any health benefits plan offered by the sponsor or organization does not, with respect to such plan or any health benefits plan that the entity contracts with to provide pharmacy benefits management services and that is offered by an entity other than such sponsor or organization, restrict a pharmacy that dispenses a prescription drug or biological from informing (or penalize such pharmacy for informing) an enrollee of any differential between the price of the drug or biological to the enrollee under the plan and the price the individual would pay for the drug or biological if the enrollee obtained the drug without using any health insurance coverage.".

    (b) Effective Date.--The amendment made by subsection (a) shall apply to plan years beginning on or after January 1, 2020.

    Original wording

    Strike section 2 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 4009. Mr. McCONNELL (for Ms. Stabenow) proposed an amendment to the bill S. 2553, to amend title XVIII of the Social Security Act to prohibit Medicare part D plans from restricting pharmacies from informing individuals regarding the prices for certain drugs and biologicals; as follows:

Strike section 2 and insert the following:

SEC. 2. PROHIBITION ON LIMITING CERTAIN INFORMATION ON DRUG PRICES.

(a) In General.--Section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104) is amended by adding at the end the following new subsection:

“(m) Prohibition on Limiting Certain Information on Drug Prices.--A PDP sponsor and a Medicare Advantage organization shall ensure that each prescription drug plan or MA-PD plan offered by the sponsor or organization does not restrict a pharmacy that dispenses a prescription drug or biological from informing, nor penalize such pharmacy for informing, an enrollee in such plan of any differential between the negotiated price of, or copayment or coinsurance for, the drug or biological to the enrollee under the plan and a lower price the individual would pay for the drug or biological if the enrollee obtained the drug without using any health insurance coverage.”.

(b) Effective Date.--The amendment made by subsection (a) shall apply to plan years beginning on or after January 1, 2020.

Legislative Activity

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4 earlier actions
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Senate amendment submitted

September 4, 2018

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Senate amendment submitted

September 4, 2018

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Senate amendment agreed to: Amendment SA 4009 agreed to in Senate by Unanimous Consent.

September 4, 2018

Floor

Senate amendment proposed (on the floor): Amendment SA 4009 proposed by Senator McConnell for Senator Stabenow.(consideration: CR S6033)

September 4, 2018

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Amendment SA 4009 proposed by Senator McConnell for Senator Stabenow. (consideration: CR S6033) To improve the bill.

September 4, 2018

Floor

Amendment SA 4009 agreed to in Senate by Unanimous Consent.

September 4, 2018