II 111th CONGRESS 2d Session S. 11 IN THE SENATE OF THE UNITED STATES September 28, 2010 Mr. Brown of Massachusetts (for himself, Ms. Snowe, Mr. Bennett, Mr. Corker, Ms. Collins, Mr. Voinovich, Mr. Alexander, and Mr. Chambliss) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To restore the application of the 340B drug discount program to orphan drugs with respect to children's hospitals.

1.

Continued inclusion of orphan drugs in definition of covered outpatient drugs with respect to children’s hospitals under the 340B drug discount program

(a)

Amendment

Subsection (e) of section 340B of the Public Health Service Act (42 U.S.C. 256b) is amended by striking covered entities described in subparagraph (M) and inserting covered entities described in subparagraph (M) (other than a children’s hospital described in subparagraph (M)). (b)

Effective date

The amendment made by subsection (a) shall take effect as if included in the enactment of section 2302 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152).