[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5400 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 5400

  To amend title XVIII of the Social Security Act to assure pharmacy 
             access and choice for Medicare beneficiaries.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 2023

  Mr. Carter of Georgia (for himself, Mrs. Dingell, Mr. Rose, and Mr. 
 Krishnamoorthi) 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 title XVIII of the Social Security Act to assure pharmacy 
             access and choice for Medicare beneficiaries.

    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 ``Neighborhood Options for Patients 
Buying Medicines Act'' or the ``NO PBMs Act''.

SEC. 2. ASSURING PHARMACY ACCESS AND CHOICE FOR MEDICARE BENEFICIARIES.

    Section 1860D-4(b)(1) of the Social Security Act (42 U.S.C. 1395w-
104(b)(1)) is amended by striking subparagraph (A) and inserting the 
following:
                    ``(A) In general.--
                            ``(i) Participation of any willing 
                        pharmacy.--A PDP sponsor offering a 
                        prescription drug plan or a pharmacy benefit 
                        manager acting to develop a pharmacy network on 
                        behalf of such plan shall permit the 
                        participation of any pharmacy that meets the 
                        standard contract terms and conditions under 
                        such plan to participate as a network pharmacy 
                        of such plan.
                            ``(ii) Contract terms and conditions.--In 
                        accordance with clause (i), contract terms and 
                        conditions offered by such PDP sponsor or 
                        pharmacy benefit manager shall be reasonable 
                        and relevant. Notwithstanding any other 
                        provision of law, not later than January 1, 
                        2026, the Secretary shall establish standards 
                        for reasonable and relevant contract terms and 
                        conditions for purposes of this clause.''.
                                 <all>