To establish a cap on costs for covered prescription drugs under Medicare parts B and D.

SA 5210. Mr. SANDERS (for himself and Mr. Merkley) submitted an
amendment intended to be proposed to amendment SA 5194 submitted by Mr.
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant
to title II of S. Con. Res. 14; which was ordered to lie on the table;
as follows:

Strike part 1 of subtitle B of title I and insert the
following:

PART 1--CAP ON COSTS FOR COVERED PRESCRIPTION DRUGS UNDER MEDICARE
PARTS B AND D

SEC. 11001. CAP ON COSTS FOR COVERED PRESCRIPTION DRUGS UNDER
MEDICARE PARTS B AND D.

(a) In General.--Title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) is amended by adding at the end the
following new section:

``SEC. 1899C. CAP ON COSTS FOR COVERED PRESCRIPTION DRUGS
UNDER MEDICARE PARTS B AND D.

``(a) In General.--In no case may the amount of payment for
a drug or biological under part B or a covered part D drug
(as defined in section 1860D-2(e)) under a prescription drug
plan under part D exceed the lower of the following:
``(1) The amount paid by the Secretary of Veterans Affairs
to procure the drug under the laws administered by the
Secretary.
``(2) The amount paid to procure the drug through the
Federal Supply Schedule of the General Services
Administration.
``(b) Manufacturer Requirement.--In order for coverage to
be available under part B for a drug or biological of a
manufacturer or under part D for a covered part D drug of a
manufacturer, the manufacturer must agree to provide such
drug or biological to providers of services and suppliers
under part B or such covered part D drug to prescription drug
plans under part D for an amount that does not exceed the
maximum payment amount applicable under subsection (a).
``(c) Access to Pricing Information.--The Secretary of
Veterans Affairs and the Administrator of General Services
shall provide

[[Page S4238]]

to the Secretary of Health and Human Services the information
described in paragraphs (1) and (2), respectively, of
subsection (a) and such other information as the Secretary of
Health and Human Services may request in order to carry out
this section.
``(d) Effective Date.--This section shall apply with
respect to drugs furnished or dispensed on or after January
1, 2023.''.
(b) Conforming Amendments.--
(1) Application under part b.--Section 1847A of the Social
Security Act (42 U.S.C. 1395w-3a), as amended by section
11101, is amended--
(A) in subsection (b)(1), by striking ``and (e)'' and
inserting ``(e), and (i)'';
(B) by redesignating subsection (j) as subsection (k); and
(C) by inserting after subsection (i) the following
subsection:
``(j) Application of Cap on Costs for Part B Drugs.--
Notwithstanding the preceding provisions of this subsection,
the amount of payment under this section for a drug or
biological furnished on or after January 1, 2023, shall not
exceed the maximum payment amount applicable to the drug or
biological under section 1899C(a).''.
(2) Application as negotiated price under part d.--Section
1860D-2(d)(1)(B) of the Social Security Act (42 U.S.C. 1395w-
102(d)(1)(B)) is amended by adding at the end the following
new sentence: ``Notwithstanding any other provision of this
part, the negotiated price used for payment for a covered
part D drug dispensed on or after January 1, 2023, shall not
exceed the maximum payment amount applicable to the covered
part D drug under section 1899C.''.
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