II 111th CONGRESS 1st Session S. 1221 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.

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.