[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 266 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 266

To amend title XVIII of the Social Security Act to reduce the coverage 
 gap in prescription drug coverage under part D of such title based on 
   savings to the Medicare program resulting from the negotiation of 
                       prescription drug prices.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 15, 2009

 Mr. Nelson of Florida (for himself, Ms. Collins, Mr. Whitehouse, Mr. 
Kohl, Mr. Kerry, Mr. Johnson, and Mrs. Boxer) 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 reduce the coverage 
 gap in prescription drug coverage under part D of such title based on 
   savings to the Medicare program resulting from the negotiation of 
                       prescription drug prices.

    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 ``Medicare Prescription Drug Gap 
Reduction Act of 2009''.

SEC. 2. REDUCING COVERAGE GAP.

    Section 1860D-2(b) of the Social Security Act (42 U.S.C. 1395w-
102(b)) is amended--
            (1) in paragraph (3)(A), by striking ``paragraph (4)'' and 
        inserting ``paragraph (4), subject to the increase described in 
        paragraph (7)''; and
            (2) by adding at the end the following new paragraph:
            ``(7) Increase of initial coverage limit based on medicare 
        savings due to negotiation of drug prices.--For each year 
        (beginning with 2010), the Secretary shall increase the initial 
        coverage limit for the year specified in paragraph (3) so that 
        the aggregate amount of increased expenditures from the 
        Medicare Prescription Drug Account as a result of such increase 
        under this paragraph in the year (as estimated by the Office of 
        the Actuary of the Centers for Medicare & Medicaid Services) is 
        equal to the aggregate amount of reduced expenditures from such 
        Account that the Office of the Actuary estimates will result in 
        the year as a result of the application of the amendment made 
        by section 3(a) of the Medicare Prescription Drug Gap Reduction 
        Act of 2009.''.

SEC. 3. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS.

    (a) In General.--Section 1860D-11 of the Social Security Act (42 
U.S.C. 1395w-111) is amended by striking subsection (i) (relating to 
noninterference) and inserting the following:
    ``(i) Authority To Negotiate Prices With Manufacturers.--
            ``(1) In general.--Subject to paragraph (4), in order to 
        ensure that beneficiaries enrolled under prescription drug 
        plans and MA-PD plans pay the lowest possible price, the 
        Secretary shall have authority similar to that of other Federal 
        entities that purchase prescription drugs in bulk to negotiate 
        contracts with manufacturers of covered part D drugs, 
        consistent with the requirements and in furtherance of the 
        goals of providing quality care and containing costs under this 
        part.
            ``(2) Mandatory responsibilities.--The Secretary shall be 
        required to--
                    ``(A) negotiate contracts with manufacturers of 
                covered part D drugs for each fallback prescription 
                drug plan under subsection (g); and
                    ``(B) participate in negotiation of contracts of 
                any covered part D drug upon request of an approved 
                prescription drug plan or MA-PD plan.
            ``(3) Rule of construction.--Nothing in paragraph (2) shall 
        be construed to limit the authority of the Secretary under 
        paragraph (1) to the mandatory responsibilities under paragraph 
        (2).
            ``(4) No particular formulary or price structure.--In order 
        to promote competition under this part and in carrying out this 
        part, the Secretary may not require a particular formulary or 
        institute a price structure for the reimbursement of covered 
        part D drugs.
            ``(5) Use of savings.--The savings to the Medicare 
        Prescription Drug Account through the use of the authority 
        provided under this subsection (including the mandatory 
        responsibilities under paragraph (2)) shall be used to increase 
        the initial coverage limit for the year in accordance with 
        section 1860D-2(b)(7).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of enactment of this Act.
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