S. 2477Senate118th Congress (2023-2025)In Committee

Equitable Community Access to Pharmacist Services Act

Sponsored by John ThuneSen. John Thune (R-SD)
Introduced July 25, 2023

AI-Generated Summary

Updated January 20, 2026 at 10:19 AM UTC

The Equitable Community Access to Pharmacist Services Act amends Title XVIII of the Social Security Act to add certain pharmacist‑provided services to Medicare Part B coverage. It establishes how Medicare will pay for those services and bars pharmacists from balance‑billing patients. The changes apply to Medicare beneficiaries who receive eligible pharmacist services, especially during public‑health emergencies.

Key Provisions

  • Adds a new subparagraph defining pharmacist services that are covered under Medicare Part B when provided by a licensed pharmacist or under a federal emergency authority.
  • Sets Medicare payment for these services at 80 % of the lesser of the actual charge or 85 % of the standard Medicare rate, with 100 % payment in emergency situations.
  • Prohibits balance billing for pharmacist services covered under Medicare.
  • Clarifies that pharmacies and pharmacists may still enroll and be reimbursed under existing Medicare pathways, including as mass immunizers.
  • Requires the Secretary of HHS to issue implementing rules, program instructions, or similar guidance within 60 days of enactment.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

July 25, 2023

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SenateIntro Referral

Introduced in Senate

July 25, 2023

SenateIntro Referral

Read twice and referred to the Committee on Finance.

July 25, 2023

Floor Debate

2 members

What members said about S. 2477 on the floor

1 Republican1 Democrat
Alex Padilla
Sen. Alex PadillaD-CA · Jul 25, 2023

Madam President, I rise to introduce the Mental Health for Latinos Act. This important bill would boost our continued efforts to reduce stigma and promote mental wellness, while meeting the diverse…

John Thune
Sen. John ThuneR-SD · Jul 25, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

John Thune
Sen. John ThuneR-SD · Jul 25, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued July 25, 2023

II

118th CONGRESS

1st Session

S. 2477

IN THE SENATE OF THE UNITED STATES

July 25, 2023

Mr. Thune (for himself and Mr. Warner) 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 provide pharmacy payment of certain services.

1.

Short title

This Act may be cited as the Equitable Community Access to Pharmacist Services Act.

2.

Coverage of pharmacist services under medicare part B

(a)

Coverage

Section 1861(s) of the Social Security Act (42 U.S.C. 1395x(s)) is amended—

(1)

in paragraph (2)—

(A)

in subparagraph (II), by striking and at the end;

(B)

in subparagraph (JJ), by inserting and after the semicolon at the end; and

(C)

by adding at the end the following new subparagraph:

(KK)

pharmacist services and such services and supplies furnished as an incident to the pharmacist’s service as would otherwise be covered under part B if furnished by a physician or as an incident to a physician’s service that—

(i)

are furnished by a pharmacist—

(I)

as licensed under State law; or

(II)

pursuant to a Federal emergency authority described under section 319F–3 or section 361 of the Public Health Service Act, or other similar Federal law;

(ii)

would otherwise be covered under part B if furnished by a physician; and

(iii)

are services—

(I)

for encounters for the evaluation and management of patients for testing or treatment for COVID–19, influenza, respiratory syncytial virus, or streptococcal pharyngitis; or

(II)

that address a public health need related to a public health emergency under section 319F–3 or section 361 of the Public Health Service Act, or other similar Federal law.

; and

(2)

in paragraph (10), in each of subparagraphs (A) and (B), by inserting , including when furnished by a pharmacist before the semicolon in each such subparagraph.

(b)

Payment

Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended—

(1)

by striking and (HH) and inserting (HH); and

(2)

by inserting before the semicolon at the end the following: and (II) with respect to pharmacist services described in section 1861(s)(2)(KK), the amounts paid shall be equal to 80 percent of the lesser of (i) the actual charge for the services or (ii) 85 percent (or 100 percent, in the case of such services furnished pursuant to a Federal emergency authority described in clause (i)(II) of such section) of the amount determined under the payment basis under section 1848 for such services..

(c)

Prohibition on balance billing for pharmacist services

Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following:

(ix)

A pharmacist.

.

(d)

Rule of construction

Nothing in this section shall be construed to restrict the ability of pharmacies and pharmacists to enroll and obtain reimbursement under existing pathways under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) as of the date of the enactment of this Act, including payment as mass immunizers.

(e)

Implementation authority

Notwithstanding any other provision of law, the Secretary of Health and Human Services shall implement the provisions of, and the amendments made by, this section by interim final rule, program instruction, or otherwise not later than the date that is 60 days after the date of the enactment of this Act.