S. 1201Senate111th Congress (2009-2011)In Committee

Helping Fill the Medicare Rx Gap Act of 2009

Introduced June 8, 2009

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR H6265)

June 8, 2009

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SenateIntro Referral

Introduced in Senate

June 8, 2009

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S6265)

June 8, 2009

SenateIntro Referral

Read twice and referred to the Committee on Finance. (text of measure as introduced: CR H6265)

June 8, 2009

Floor Debate

7 members

What members said about S. 1201 on the floor

2 Republicans5 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jun 8, 2009

Mr. President, I rise today to offer legislation to establish a Cash for Clunkers proposal with my colleagues, Senators Susan Collins, Charles Schumer, and Thomas Carper. This proposal would…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Jun 8, 2009

Mr. President, as I come to the floor today, America's Main Street businesses are suffering. With cash registers not ringing like they used to, exporting has become a practical solution for…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Jun 8, 2009

Mr. President, I rise today to introduce the Small Business Export Opportunity Act of 2009, a measure that would provide improved and expanded support for small businesses, through critical programs…

Edward E. Kaufman
Sen. Edward E. Kaufman D-DE · Jun 8, 2009

Mr. President, today I am introducing with Senator Brown, the STEM Education Coordination Act of 2009. This bill addresses what we call STEM education--science, technology, engineering, and…

Mark R. Warner
Sen. Mark R. WarnerD-VA · Jun 8, 2009

Mr. President, last month, we honored an American hero, Elisha ``Ray'' Nance of Bedford, VA, who passed away at the age of 94. Mr. Nance was the last surviving member of what has come to be known as…

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Jeff Bingaman
Sen. Jeff BingamanD-NM · Jun 8, 2009

Mr. President, I rise along with Senators Begich and Stabenow today to introduce important legislation that will ensure that low-income seniors have full access to the benefits available to them…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Jun 8, 2009

Mr. President, I rise along with Senators Begich and Stabenow today to introduce important legislation that will ensure that low-income seniors have full access to the benefits available to them…

James M. Inhofe
Sen. James M. InhofeR-OK · Jun 8, 2009

Mr. President, today I introduced legislation that will exempt fishing guides and other operators of uninspected vessels on Lake Texoma from Coast Guard regulation. After weeks of discussion with the…

Bill Text

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Introduced in SenateIssued June 8, 2009

II

111th CONGRESS

1st Session

S. 1201

IN THE SENATE OF THE UNITED STATES

June 8, 2009

Mr. Bingaman (for himself, Mr. Begich, and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend title XVIII of the Social Security Act to include costs incurred by the Indian Health Service, a federally qualified health center, an AIDS drug assistance program, certain hospitals, or a pharmaceutical manufacturer patient assistance program in providing prescription drugs toward the annual out-of-pocket threshold under part D of the Medicare program.

1.

Short title

This Act may be cited as the Helping Fill the Medicare Rx Gap Act of 2009.

2.

Including costs incurred by the indian health service, a federally qualified health center, an AIDS drug assistance program, certain hospitals, or a pharmaceutical manufacturer patient assistance program in providing prescription drugs toward the annual out-of-pocket threshold under part D

(a)

In general

Section 1860D–2(b)(4)(C) of the Social Security Act (42 U.S.C. 1395w–102(b)(4)(C)) is amended—

(1)

in clause (i), by striking and at the end;

(2)

in clause (ii)—

(A)

by striking such costs shall be treated as incurred only if and inserting subject to clause (iii), such costs shall be treated as incurred if;

(B)

by striking , under section 1860D–14, or under a State Pharmaceutical Assistance Program;

(C)

by striking (other than under such section or such a Program); and

(D)

by striking the period at the end and inserting ; and; and

(3)

by inserting after clause (ii) the following new clause:

(iii)

such costs shall be treated as incurred and shall not be considered to be reimbursed under clause (ii) if such costs are borne or paid—

(I)

under section 1860D–14;

(II)

under a State Pharmaceutical Assistance Program;

(III)

by the Indian Health Service, an Indian tribe or tribal organization, or an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act);

(IV)

by a federally qualified health center (as defined in section 1861(aa)(4));

(V)

under an AIDS Drug Assistance Program under part B of title XXVI of the Public Health Service Act;

(VI)

by a subsection (d) hospital (as defined in section 1886(d)(1)(B)) that meets the requirements of clauses (i) and (ii) of section 340B(a)(4)(L) of the Public Health Service Act; or

(VII)

by a pharmaceutical manufacturer patient assistance program, either directly or through the distribution or donation of covered part D drugs, which shall be valued at the negotiated price of such covered part D drug under the enrollee’s prescription drug plan or MA–PD plan as of the date that the drug was distributed or donated.

.

(b)

Effective date

The amendments made by subsection (a) shall apply to costs incurred on or after January 1, 2010.