[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2409 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2409

To amend title XIX of the Social Security Act to clarify that inpatient 
  drug prices charged to certain public hospitals are included in the 
      best price exemptions for the Medicaid drug rebate program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 2003

   Mr. Shadegg (for himself, Mr. Norwood, Mr. Markey, and Mr. Towns) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend title XIX of the Social Security Act to clarify that inpatient 
  drug prices charged to certain public hospitals are included in the 
      best price exemptions for the Medicaid drug rebate program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safety Net Hospital Pharmacy Access 
Act of 2003''.

SEC. 2. CONSTITUTIONAL AUTHORITY.

    The constitutional authority upon which this Act rests is the power 
of the Congress to regulate commerce with foreign nations and among the 
several States, set forth in section 8 of article I of the Constitution 
of the United States.

SEC. 3. CLARIFICATION OF INCLUSION OF INPATIENT DRUG PRICES CHARGED TO 
              CERTAIN PUBLIC HOSPITALS IN THE BEST PRICE EXEMPTIONS FOR 
              THE MEDICAID DRUG REBATE PROGRAM.

    (a) In General.--Section 1927(c)(1)(C)(i)(I) of the Social Security 
Act (42 U.S.C. 1396r-8(c)(1)(C)(i)(I)) is amended by inserting before 
the semicolon the following: ``(including inpatient prices charged to 
hospitals described in section 340B(a)(4)(L) of the Public Health 
Service Act)''.
    (b) Anti-Diversion Protection.--Section 1927(c)(1)(C) of such Act 
(42 U.S.C. 1396r-8(c)(1)(C)) is amended by adding at the end the 
following:
                            ``(iii) Application of auditing and 
                        recordkeeping requirements.--With respect to a 
                        covered entity described in section 
                        340B(a)(4)(L) of the Public Health Service Act, 
                        any drug purchased for inpatient use shall be 
                        subject to the auditing and recordkeeping 
                        requirements described in section 340B(a)(5)(C) 
                        of the Public Health Service Act.''.
    (c) Effective Date.--The amendments made by this section take 
effect on October 1, 2003.
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