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.
Short title
This Act may be cited as the
Helping Fill the Medicare Rx Gap Act
of 2009
.
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
In general
Section 1860D–2(b)(4)(C) of the Social Security Act (42 U.S.C. 1395w–102(b)(4)(C)) is amended—
in clause (i), by
striking and
at the end;
in clause (ii)—
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
;
by striking
, under section 1860D–14, or under a State Pharmaceutical Assistance
Program
;
by striking
(other than under such section or such a Program)
; and
by striking the
period at the end and inserting ; and
; and
by inserting after clause (ii) the following new clause:
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—
under section 1860D–14;
under a State Pharmaceutical Assistance Program;
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);
by a federally qualified health center (as defined in section 1861(aa)(4));
under an AIDS Drug Assistance Program under part B of title XXVI of the Public Health Service Act;
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
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.
.
Effective date
The amendments made by subsection (a) shall apply to costs incurred on or after January 1, 2010.