[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7838 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7838

To provide for certain temporary waivers with respect to the 340B drug 
 discount program due to the COVID-19 public health emergency, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2020

Ms. Matsui (for herself and Mr. Stewart) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To provide for certain temporary waivers with respect to the 340B drug 
 discount program due to the COVID-19 public health emergency, 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. TEMPORARY WAIVERS WITH RESPECT TO THE 340B DRUG DISCOUNT 
              PROGRAM DUE TO THE COVID-19 PUBLIC HEALTH EMERGENCY.

    (a) Temporary Waiver of Minimum Disproportionate Share Adjustment 
Percentage Requirement for Certain Covered Entities.--In the case of an 
entity that met the requirements of a covered entity described in 
subparagraph (L), (M), or (O) of section 340B(a)(4) of the Public 
Health Service Act (42 U.S.C. 256b(a)(4)), and that was participating 
or had applied to participate in the drug discount program under such 
section 340B, as of the day before the emergency period went into 
effect, the Secretary of Health and Human Services shall, for each 
calendar quarter with respect to which eligibility for such drug 
discount program is based on a cost reporting period during any portion 
of which such emergency period is in effect, deem such entity as 
continuing to meet the minimum disproportionate share adjustment 
percentage requirement applicable to such entity under such 
subparagraph (L), (M), or (O), as the case may be.
    (b) Temporary Waiver of Prohibition on Obtaining Covered Outpatient 
Drugs Through Group Purchasing Organizations for Certain Covered 
Entities.--During the emergency period, a covered entity described in 
subparagraph (L) or (M) of section 340B(a)(4) of the Public Health 
Service Act (42 U.S.C. 256b(a)(4)) may, notwithstanding clause (iii) of 
such subparagraph (L), obtain covered outpatient drugs through a group 
purchasing organization or other group purchasing arrangement.
    (c) Emergency Period Defined.--For purposes of this section, the 
term ``emergency period'' means the period during which there exists 
the public health emergency declared by the Secretary of Health and 
Human Services pursuant to section 319 of the Public Health Service Act 
on January 31, 2020, with respect to COVID-19.
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