[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1201 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1201

   To amend title XVIII of the Social Security Act to include costs 
  incurred by the Indian Health Service, a federally qualified health 
   center, an AIDS drug assistance program, certain hospitals, or a 
  pharmaceutical manufacturer patient assistance program in providing 
prescription drugs toward the annual out-of-pocket threshold under part 
                       D of the Medicare program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2009

Mr. Bingaman (for himself, Mr. Begich, and Ms. Stabenow) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
   To amend title XVIII of the Social Security Act to include costs 
  incurred by the Indian Health Service, a federally qualified health 
   center, an AIDS drug assistance program, certain hospitals, or a 
  pharmaceutical manufacturer patient assistance program in providing 
prescription drugs toward the annual out-of-pocket threshold under part 
                       D 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. SHORT TITLE.

    This Act may be cited as the ``Helping Fill the Medicare Rx Gap Act 
of 2009''.

SEC. 2. INCLUDING COSTS INCURRED BY THE INDIAN HEALTH SERVICE, A 
              FEDERALLY QUALIFIED HEALTH CENTER, AN AIDS DRUG 
              ASSISTANCE PROGRAM, CERTAIN HOSPITALS, OR A 
              PHARMACEUTICAL MANUFACTURER PATIENT ASSISTANCE PROGRAM IN 
              PROVIDING PRESCRIPTION DRUGS TOWARD THE ANNUAL OUT-OF-
              POCKET THRESHOLD UNDER PART D.

    (a) In General.--Section 1860D-2(b)(4)(C) of the Social Security 
Act (42 U.S.C. 1395w-102(b)(4)(C)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii)--
                    (A) by striking ``such costs shall be treated as 
                incurred only if'' and inserting ``subject to clause 
                (iii), such costs shall be treated as incurred if'';
                    (B) by striking ``, under section 1860D-14, or 
                under a State Pharmaceutical Assistance Program'';
                    (C) by striking ``(other than under such section or 
                such a Program)''; and
                    (D) by striking the period at the end and inserting 
                ``; and''; and
            (3) by inserting after clause (ii) the following new 
        clause:
                            ``(iii) such costs shall be treated as 
                        incurred and shall not be considered to be 
                        reimbursed under clause (ii) if such costs are 
                        borne or paid--
                                    ``(I) under section 1860D-14;
                                    ``(II) under a State Pharmaceutical 
                                Assistance Program;
                                    ``(III) by the Indian Health 
                                Service, an Indian tribe or tribal 
                                organization, or an urban Indian 
                                organization (as defined in section 4 
                                of the Indian Health Care Improvement 
                                Act);
                                    ``(IV) by a federally qualified 
                                health center (as defined in section 
                                1861(aa)(4));
                                    ``(V) under an AIDS Drug Assistance 
                                Program under part B of title XXVI of 
                                the Public Health Service Act;
                                    ``(VI) by a subsection (d) hospital 
                                (as defined in section 1886(d)(1)(B)) 
                                that meets the requirements of clauses 
                                (i) and (ii) of section 340B(a)(4)(L) 
                                of the Public Health Service Act; or
                                    ``(VII) by a pharmaceutical 
                                manufacturer patient assistance 
                                program, either directly or through the 
                                distribution or donation of covered 
                                part D drugs, which shall be valued at 
                                the negotiated price of such covered 
                                part D drug under the enrollee's 
                                prescription drug plan or MA-PD plan as 
                                of the date that the drug was 
                                distributed or donated.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to costs incurred on or after January 1, 2010.
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