II 111th CONGRESS 1st Session S. 1746 IN THE SENATE OF THE UNITED STATES October 1, 2009 Mr. Dorgan 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 exempt small pharmacies from certain Medicare accreditation requirements for the purpose of providing diabetic testing strips under part B.

1.

Exemption of small pharmacies providing diabetic testing strips from certain medicare accreditation requirements

(a)

In general

Section 1834(a)(20) of the Social Security Act (42 U.S.C. 1395m(a)(20)) is amended— (1)in subparagraph (F)— (A)in clause (i)— (i)by striking clause (ii) and inserting clauses (ii) and (iii); and (ii)by striking and at the end; (B)in clause (ii), by striking the period at the end and inserting ; and; and (C)by adding at the end the following new clause: (iii)such standards and the accreditation requirement of clause (i) shall not apply to a small pharmacy (as defined in subparagraph (G)) with respect to the furnishing of diabetic testing strips. ; and (2)by adding at the end the following new subparagraph: (G)

Definition of small pharmacy

For purposes of subparagraph (F)(iii), the term small pharmacy means a pharmacy— (i)with 10 or less distinct locations under sole or common control or ownership, each of which has a license specific to that location; and (ii)whose average total sales across all such locations is less than or equal to— (I)for 2009, $6,500,000; and (II)for a subsequent year, the dollar amount specified in this clause for the previous year increased by the annual percentage increase in the consumer price index (all items; U.S. city average) as of June of such previous year. . (b)

Effective date

The amendments made by this section shall take effect as if included in the enactment of section 154(b)(1)(A) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110–275; 122 Stat. 2564).