[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3932 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3932

 To direct the Secretary of Defense to carry out a pilot program under 
                 the TRICARE pharmacy benefits program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2020

  Mr. Rounds introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Defense to carry out a pilot program under 
                 the TRICARE pharmacy benefits program.

    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 ``TRICARE Retail Pharmacy Prescription 
Medication Expansion Act of 2020''.

SEC. 2. PILOT PROGRAM ON RECEIPT OF NON-GENERIC PRESCRIPTION 
              MAINTENANCE MEDICATIONS UNDER TRICARE PHARMACY BENEFITS 
              PROGRAM.

    (a) Requirement.--The Secretary of Defense shall carry out a pilot 
program under which eligible covered beneficiaries may elect to receive 
non-generic prescription maintenance medications selected under 
subsection (c) through military treatment facility pharmacies, retail 
pharmacies, or the national mail-order pharmacy program, 
notwithstanding section 1074g(a)(9) of title 10, United States Code.
    (b) Duration.--The Secretary shall carry out the pilot program for 
a three-year period beginning not later than March 1, 2021.
    (c) Selection of Medication.--The Secretary shall select non-
generic prescription maintenance medications described in section 
1074g(a)(9)(C)(i) of title 10, United States Code, to be covered by the 
pilot program.
    (d) Use of Voluntary Rebates.--
            (1) Requirement.--In carrying out the pilot program, the 
        Secretary shall seek to renew and modify contracts described in 
        paragraph (2) in a manner that--
                    (A) includes for purposes of the pilot program 
                retail pharmacies as a point of sale for the non-
                generic prescription maintenance medication covered by 
                the contract; and
                    (B) provides the manufacturer with the option to 
                provide voluntary rebates for such medications at 
                retail pharmacies.
            (2) Contracts described.--The contracts described in this 
        paragraph are contracts for the procurement of non-generic 
        prescription maintenance medications selected under subsection 
        (c) that are eligible for renewal during the period in which 
        the pilot program is carried out.
    (e) Notification.--In providing each eligible covered beneficiary 
with an explanation of benefits, the Secretary shall notify the 
beneficiary of whether the medication that the beneficiary is 
prescribed is covered by the pilot program.
    (f) Briefing and Reports.--
            (1) Briefing.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary shall brief the 
        congressional defense committees on the implementation of the 
        pilot program.
            (2) Interim report.--Not later than 18 months after the 
        commencement of the pilot program, the Secretary shall submit 
        to the congressional defense committees a report on the pilot 
        program.
            (3) Comptroller general report.--
                    (A) In general.--Not later than March 1, 2024, the 
                Comptroller General of the United States shall submit 
                to the congressional defense committees a report on the 
                pilot program.
                    (B) Elements.--The report required by subparagraph 
                (A) shall include the following:
                            (i) The number of eligible covered 
                        beneficiaries who participated in the pilot 
                        program and an assessment of the satisfaction 
                        of such beneficiaries with the pilot program.
                            (ii) The rate by which eligible covered 
                        beneficiaries elected to receive non-generic 
                        prescription maintenance medications at a 
                        retail pharmacy pursuant to the pilot program, 
                        and how such rate affected military treatment 
                        facility pharmacies and the national mail-order 
                        pharmacy program.
                            (iii) The amount of cost savings realized 
                        by the pilot program, including with respect 
                        to--
                                    (I) dispensing fees incurred at 
                                retail pharmacies compared to the 
                                national mail-order pharmacy program 
                                for brand name prescription drugs;
                                    (II) administrative fees;
                                    (III) any costs paid by the United 
                                States for the drugs in addition to the 
                                procurement costs;
                                    (IV) the use of military treatment 
                                facilities; and
                                    (V) copayments paid by eligible 
                                covered beneficiaries.
                            (iv) A comparison of supplemental rebates 
                        between retail pharmacies and other points of 
                        sale.
    (g) Rule of Construction.--Nothing in this section may be construed 
to affect the ability of the Secretary to carry out section 
1074g(a)(9)(C) of title 10, United States Code, after the date on which 
the pilot program is completed.
    (h) Definitions.--In this section:
            (1) The term ``eligible covered beneficiary'' has the 
        meaning given that term in section 1074g(i) of title 10, United 
        States Code.
            (2) The terms ``military treatment facility pharmacies'', 
        ``retail pharmacies'', and ``the national mail-order pharmacy 
        program'' mean the methods for receiving prescription drugs as 
        described in clauses (i), (ii), and (iii), respectively, of 
        section 1074g(a)(2)(E) of title 10, United States Code.
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