[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6557 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6557

 To amend title XIX of the Social Security Act to increase the Federal 
  medical assistance percentage under the Medicaid program for States 
 providing certain coverage relating to covered outpatient drugs, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2020

    Ms. Eshoo (for herself and Ms. Blunt Rochester) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend title XIX of the Social Security Act to increase the Federal 
  medical assistance percentage under the Medicaid program for States 
 providing certain coverage relating to covered outpatient drugs, and 
                          for other purposes.

    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 ``Medication Access Improves Lives 
Act'' or the ``MAIL Act''.

SEC. 2. INCREASE IN MEDICAID FMAP FOR STATES PROVIDING CERTAIN COVERAGE 
              RELATING TO COVERED OUTPATIENT DRUGS.

    (a) In General.--Section 1905(b) of the Social Security Act (42 
U.S.C. 1396d(b)) is amended by adding at the end the following new 
sentence: ``Beginning April 1, 2020, in the case of a State that 
provides medical assistance for covered outpatient drugs (as defined in 
section 1927(k)), including such drugs dispensed by a mail order 
pharmacy, the Federal medical assistance percentage determined under 
this subsection (and subsections (y) and (ff) (as applicable)) shall be 
increased by 1 percentage point with respect to medical assistance for 
such drugs, but in no case may such percentage exceed 100 percent for 
such medical assistance.''.
    (b) Conforming Amendments.--Section 1905 of the Social Security Act 
(42 U.S.C. 1396d) is amended--
            (1) in subsection (y)(1), by inserting after 
        ``Notwithstanding subsection (b)'' the following: ``(but 
        subject to the sixth sentence of such subsection (relating to a 
        Federal medical assistance percentage increase with respect to 
        medical assistance for covered outpatient drugs))''; and
            (2) in subsection (ff), by inserting after 
        ``Notwithstanding subsection (b)'' the following: ``(but 
        subject to the sixth sentence of such subsection (relating to a 
        Federal medical assistance percentage increase with respect to 
        medical assistance for covered outpatient drugs))''.

SEC. 3. REQUIRING STATES THAT PROVIDE MEDICAL ASSISTANCE FOR COVERED 
              OUTPATIENT DRUGS TO ALLOW FOR UP TO 3-MONTH SUPPLY OF 
              FILLS AND REFILLS OF SUCH DRUGS.

    Section 1927(a) of the Social Security Act (42 U.S.C. 1396r-8(a)) 
is amended by adding at the end the following new paragraph:
            ``(8) Requirement to allow for up to 3-month supply of 
        fills and refills.--
                    ``(A) In general.--In order for payment to be 
                available under section 1903(a) for a covered 
                outpatient drug that is administered on or after the 
                first day of the first full month following the date of 
                the enactment of this paragraph, the State shall permit 
                any individual enrolled under the State plan (or a 
                waiver of such plan) to obtain in a single fill or 
                refill, at the option of such individual, the total day 
                supply (not to exceed a 90-day supply) prescribed for 
                such individual for a covered outpatient drug, without 
                regard to any cost and utilization management, 
                medication therapy management, or other such program 
                that would otherwise apply under such plan (or waiver).
                    ``(B) Safety edit.--The State may not permit an 
                individual enrolled under the State plan (or a waiver 
                of such plan) to obtain a single fill or refill of a 
                covered outpatient drug under such State plan (or 
                waiver) if such fill or refill would be inconsistent 
                with an applicable safety edit under such plan (or 
                waiver).''.
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