I 112th CONGRESS 1st Session H. R. 905 IN THE HOUSE OF REPRESENTATIVES March 3, 2011 Mr. Whitfield (for himself, Mr. Gene Green of Texas, Mr. Nunes, Mr. Kind, Ms. DeGette, Mr. Shimkus, Mr. Towns, Mrs. Blackburn, Mr. Courtney, Mr. Rogers of Michigan, Ms. DeLauro, Mr. Tiberi, Mr. Israel, Mr. Gerlach, Mr. Lewis of Georgia, Mr. Sessions, and Mr. Himes) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend part B of title XVIII of the Social Security Act to exclude customary prompt pay discounts from manufacturers to wholesalers from the average sales price for drugs and biologicals under Medicare.

1.

Excluding customary prompt pay discounts from manufacturers to wholesalers from the average sales price for Medicare payments for drugs and biologicals

(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, 2012.