[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3011 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3011

  To amend title XVIII of the Social Security Act to ensure adequate 
payment amounts for drugs and biologicals under part B of the Medicare 
                                Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2007

     Mr. Towns (for himself, Mr. Hall of Texas, and Mr. Whitfield) 
 introduced the following bill; which was referred to the Committee on 
   Energy and Commerce, and in addition to the Committee on Ways and 
 Means, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title XVIII of the Social Security Act to ensure adequate 
payment amounts for drugs and biologicals under part B of the Medicare 
                                Program.

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

SECTION 1. REVISION OF PAYMENT METHODOLOGY FOR DRUGS AND BIOLOGICALS 
              UNDER MEDICARE PART B.

    (a) Floor of Widely Available Market Price.--Subsection (b) of 
section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is 
amended--
            (1) in paragraph (1), by inserting ``paragraph (6) and'' 
        after ``Subject to''; and
            (2) by adding at the end the following new paragraph:
            ``(6) Floor of widely available market price.--The 
        Secretary shall increase the payment amount determined under 
        this subsection for a drug or biological to the extent 
        necessary to ensure that such payment amount is in no case less 
        than the widely available market price for the drug or 
        biological (as determined under subsection (d) or by the 
        Secretary).''.
    (b) Treatment of Prompt Pay Discounts.--Subsection (c)(3) of such 
section is amended--
            (1) in the first sentence, by inserting ``furnished to 
        physicians'' after ``prompt pay discounts''; and
            (2) in the second sentence, by inserting ``(other than 
        prompt pay discounts)'' after ``other price concessions''.
    (c) Effective Date.--The amendments made by this section shall 
apply to drugs and biologicals that are furnished on or after January 
1, 2008.
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