[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1493 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1493

To amend title XVIII of the Social Security Act to encourage the use of 
   dispensing techniques that foster efficiency and reduce wasteful 
     dispensing of outpatient prescription drugs in long-term care 
                              facilities.


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                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2013

  Mr. Cardin (for himself and Ms. Mikulski) 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 encourage the use of 
   dispensing techniques that foster efficiency and reduce wasteful 
     dispensing of outpatient prescription drugs in long-term care 
                              facilities.

    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 Efficient Drug Dispensing 
Act of 2013''.

SEC. 2. INCENTIVES FOR USE OF DISPENSING TECHNIQUES THAT FOSTER 
              EFFICIENCY AND REDUCE WASTEFUL DISPENSING OF OUTPATIENT 
              DRUGS IN LONG-TERM CARE FACILITIES.

    (a) In General.--Section 1860D-4(c)(1) of the Social Security Act 
(42 U.S.C. 1395w-104(c)(1)) is amended by adding at the end the 
following:
                    ``(E) A payment structure that encourages the use 
                of dispensing techniques that foster efficiency and 
                reduce wasteful dispensing of outpatient prescription 
                drugs in long-term care facilities.''.
    (b) Pharmacy Fees.--Section 1860D-4(c)(3) of the Social Security 
Act (42 U.S.C. 1395w-104(c)(3)) is amended--
            (1) by striking ``The Secretary shall'' and inserting the 
        following:
                    ``(A) In general.--The Secretary shall''; and
            (2) by adding at the end the following:
                    ``(B) Consideration in pharmacy fees.--The PDP 
                sponsor of a prescription drug plan shall take into 
                account in establishing dispensing fees for services 
                provided in connection with dispensing covered part D 
                drugs to enrollees who reside in a long-term care 
                facility, the utilization of dispensing techniques to 
                minimize the dispensing of unused drugs, and the 
                incremental costs associated with the type of 
                dispensing methodology and the requirements applicable 
                to long-term care pharmacies under the program under 
                this part. Each such sponsor shall not use payment 
                structures, including prorated daily dispensing fees, 
                that discourage the adoption of techniques to minimize 
                the dispensing of unused drugs with respect to covered 
                part D drugs dispensed in long-term care facilities. 
                Each such sponsor shall disclose to the Secretary upon 
                request and in accordance with the requirements of 
                section 1860D-15(f) the amount of any such dispensing 
                fee.''.
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