[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3193 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3193

 To amend title XIX of the Social Security Act to establish a minimum 
State dispensing fee for covered outpatient multiple source drugs under 
    the Medicaid Program, to modify the application of the average 
manufacturer price (AMP) methodology to drug rebates, to eliminate the 
 State option to increase the cap amount on the equity asset test for 
   individuals' eligibility for long-term care assistance under such 
   program, and to extend an SSI asset verification demonstration to 
                               Medicaid.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2007

 Mr. Deal of Georgia (for himself, Mr. Barton of Texas, and Mr. Buyer) 
 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 establish a minimum 
State dispensing fee for covered outpatient multiple source drugs under 
    the Medicaid Program, to modify the application of the average 
manufacturer price (AMP) methodology to drug rebates, to eliminate the 
 State option to increase the cap amount on the equity asset test for 
   individuals' eligibility for long-term care assistance under such 
   program, and to extend an SSI asset verification demonstration to 
                               Medicaid.

    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 ``Access to Community Pharmacy 
Preservation Act of 2007''.

SEC. 2. DISPENSING FEES FOR MEDICAID COVERED OUTPATIENT DRUGS.

    (a) In General.--Section 1927(e) of the Social Security Act (42 
U.S.C. 1396r-8(e)) is amended by adding at the end the following new 
paragraph:
            ``(6) Dispensing fees.--
                    ``(A) In general.--A State which provides medical 
                assistance for covered outpatient drugs shall pay a 
                dispensing fee for each covered outpatient drug that is 
                dispensed, in accordance with this paragraph. A State 
                may vary the amount of such dispensing fees, including 
                taking into account the special circumstances of 
                pharmacies that are serving rural or underserved areas 
                or that are sole community pharmacies, so long as such 
                variation is consistent with subparagraph (B).
                    ``(B) Minimum dispensing fee payment for multiple 
                source drugs.--A State shall establish a dispensing fee 
                under this title for a covered outpatient drug that is 
                a multiple source drug described in paragraph (4) 
                (whether or not it may be an innovator multiple source 
                drug) in an amount that is not less than $8 per 
                prescription unit. The Secretary shall define what 
                constitutes a prescription unit for purposes of the 
                previous sentence.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect with respect to a State on the later of (1)--
            (1) the date that is 3 months after the date of the 
        enactment of this Act; or
            (2) the date that is 3 months after the close of the first 
        regular session of the State legislature that begins after the 
        date of the enactment of this Act.

SEC. 3. IMPROVING STATE FLEXIBILITY IN PHARMACY REIMBURSEMENT.

    (a) In General.--Section 1927(e)(5) of the Social Security Act (42 
U.S.C. 1396r-8(e)(5)) is amended by striking ``250 percent'' and 
inserting ``300 percent''.
    (b) Variance Permitted in Application of Average Manufacturer 
Price.--Such section is further amended by adding at the end the 
following: ``Nothing in this paragraph shall be construed as preventing 
a State from varying the amount paid different pharmacies for such a 
product, including taking into account the special circumstances of 
pharmacies that are serving rural or underserved areas or that are sole 
community pharmacies.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2008.

SEC. 4. ELIMINATION OF STATE OPTION TO INCREASE CAP AMOUNT ON 
              INDIVIDUALS' EQUITY ASSET TEST FOR ELIGIBILITY FOR LONG-
              TERM CARE ASSISTANCE UNDER MEDICAID.

    (a) In General.--Section 1917(f)(1) of the Social Security Act (42 
U.S.C. 1396p(f)(1)) is amended by striking subparagraph (B).
    (b) Conforming Amendments.--Such section is further amended--
            (1) in subparagraph (A), by striking ``subparagraphs (B) 
        and (C)'' and inserting ``subparagraph (B)'';
            (2) by redesignating subparagraph (C) as subparagraph (B); 
        and
            (3) in subparagraph (B), as so redesignated, by striking 
        ``dollar amounts'' and inserting ``dollar amount''.
    (c) Effective Date.--The amendments made by this section shall 
apply to individuals who are determined eligible for medical assistance 
with respect to nursing facility services or other long-term care 
services based on an application filed on or after the date of the 
enactment of this section.

SEC. 5. EXTENSION OF SSI ASSET VERIFICATION DEMONSTRATION TO MEDICAID.

    (a) In General.--Subject to subsection (b), the Secretary of Health 
and Human Services shall collaborate with the Commissioner of Social 
Security to provide for the use, for purposes of verifying financial 
eligibility for medical assistance under State plans under title XIX of 
the Social Security Act, of the system administered by the Commissioner 
(under section 1631(e)(1)(B)(ii) of such Act, 42 U.S.C. 
1383(e)(1)(B)(ii)) under which the Commissioner may obtain information 
held by financial institutions in order to verify eligibility for 
benefits under title XVI of such Act.
    (b) Limitation.--For purposes of this section, use of the system 
described in subsection (a), and the information obtained through such 
system, shall be limited to determinations of eligibility for medical 
assistance in States in which such system is being used by the 
Commissioner to verify eligibility for benefits under such title XVI.
    (c) Sharing by Commissioner of Information Obtained From Financial 
Institutions.--Notwithstanding the Right to Financial Privacy Act of 
1978 (12 U.S.C. 3401 et seq.) or any other provision of law, 
information obtained by the Commissioner from financial institutions 
under the system described in subsection (a) may, for purposes of 
carrying out this section, be shared with the agencies of the State 
specified in subsection (b) which are administering the plans of such 
States under title XIX of the Social Security Act.
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