I 111th CONGRESS 1st Session H. R. 1392 IN THE HOUSE OF REPRESENTATIVES March 9, 2009 Mr. Gene Green of Texas (for himself, Mr. Whitfield, Mr. Ross, Mr. Towns, Ms. DeGette, Mr. Rogers of Michigan, Ms. Sutton, Mr. Gordon of Tennessee, Mr. Terry, and Mr. Hall of Texas) 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 more appropriate payment amounts for drugs and biologicals under part B of the Medicare Program by excluding customary prompt pay discounts extended to wholesalers from the manufacturer’s average sales price.

1.

Exclusion of customary prompt pay discounts extended to wholesalers from manufacturer’s average sales price for payments for drugs and bi­o­log­i­cals under Medicare Part B

(a)

In general

Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w–3a(c)(3)) is amended— (1)in the first sentence, by inserting (other than customary prompt pay discounts extended to wholesalers) after prompt pay discounts; and (2)in the second sentence, by inserting (other than customary prompt pay discounts extended to wholesalers) after other price concessions. (b)

Effective date

The amendments made by this section shall apply to drugs and biologicals that are furnished on or after January 1, 2010.