[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1725 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1725
To amend title XIX of the Social Security Act to require, at the option
of a State, drug manufacturers to pay rebates to State prescription
drug discount programs as a condition of participation in a rebate
agreement for outpatient prescription drugs under the Medicaid Program.
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IN THE HOUSE OF REPRESENTATIVES
March 25, 2009
Mr. Van Hollen (for himself, Ms. Pingree of Maine, Mr. Ruppersberger,
Mr. Kratovil, and Mr. Rahall) 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 require, at the option
of a State, drug manufacturers to pay rebates to State prescription
drug discount programs as a condition of participation in a rebate
agreement for outpatient prescription drugs under the Medicaid 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 ``Voluntary State Discount
Prescription Drug Plan Act of 2009''.
SEC. 2. OPTIONAL STATE PRESCRIPTION DISCOUNT PROGRAM.
(a) In General.--Section 1927(a) of the Social Security Act (42
U.S.C. 1396r-8(a)) is amended by adding at the end the following:
``(8) Requirements relating to agreements for drugs
procured by individuals through optional state prescription
drug discount programs.--
``(A) In general.--A manufacturer meets the
requirements of this paragraph if the manufacturer
enters into an agreement with the State to make rebate
payments for drugs covered by a State prescription drug
discount program in the same amounts as are paid by the
manufacturer to the State for such drugs under a rebate
agreement described in subsection (b). The previous
sentence shall only apply to a State that has elected
to establish an optional State prescription drug
discount program and to apply the provisions of such
sentence.
``(B) Optional state prescription drug discount
program defined.--
``(i) In general.--In this paragraph, the
term `optional State prescription drug discount
program' means a State program under which,
with respect to a rebate period, not less than
the amount equal to 95 percent of all the
rebates paid to the State under agreements
entered into under subparagraph (A) during such
period are provided to eligible State residents
in the form of discounted prices for the
purchase of outpatient prescription drugs.
``(ii) Eligible state resident.--For
purposes of clause (i), the term `eligible
State resident' means an individual who is a
State resident and whose income does not exceed
a percentage (specified under the optional
State prescription drug discount program, but
not to exceed 300 percent) of the income
official poverty line (as defined by the Office
of Management and Budget, and revised annually
in accordance with section 673(2) of the
Omnibus Budget Reconciliation Act of 1981)
applicable to a family of the size involved.
``(iii) Additional subsidies.--Nothing in
this subparagraph shall be construed as--
``(I) requiring a State to expend
State funds to carry out a State
prescription drug discount program; or
``(II) prohibiting a State from
electing to contribute State funds to a
State prescription drug discount
program to provide greater subsidies to
eligible State residents for outpatient
prescription drugs covered under the
program.
``(iv) No section 1115 waiver required to
implement.--Nothing in this subparagraph shall
be construed as requiring a State to obtain a
waiver under section 1115 or otherwise of any
requirement of this title to implement an
optional State prescription drug discount
program.
``(C) No offset against medical assistance.--
Amounts received by a State under an agreement entered
into under subparagraph (A) in any quarter shall not be
considered to be a reduction in the amount expended
under the State plan in the quarter for medical
assistance for purposes of section 1903(a)(1).''.
(b) Conforming Amendment.--The first sentence of section 1927(a)(1)
of such Act (42 U.S.C. 1396r-8(a)(1)) is amended, by striking ``and
paragraph (6)'' and inserting ``, paragraph (6), and paragraph (8)''.
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