[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1195 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1195

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 SENATE OF THE UNITED STATES

                              June 5, 2003

 Mr. Kyl (for himself, Mr. Bingaman, Mr. Rockefeller, Mr. McCain, Mr. 
Frist, Mr. Alexander, Mrs. Lincoln, Mr. Bunning, Mr. Smith, Mr. Graham 
   of Florida, Mr. Santorum, Mr. Kerry, Mr. Kennedy, and Mr. Hatch) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 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. 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 the Social 
Security 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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