[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1221 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1221

    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.


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                   IN THE SENATE OF THE UNITED STATES

                              June 9, 2009

  Mr. Specter (for himself and Mr. Roberts) 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 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.
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