[Congressional Record Volume 154, Number 153 (Thursday, September 25, 2008)]
[Senate]
[Pages S9459-S9461]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              QI PROGRAM SUPPLEMENTAL FUNDING ACT OF 2008

  Mr. REID. Mr. President, I ask unanimous consent that the Finance 
Committee be discharged from further consideration of S. 3560 and the 
Senate proceed to its consideration.
  The PRESIDING OFFICER. Without objection, it is so order.
  The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 3560) to amend title XIX of the Social Security 
     Act to provide additional funds for the qualifying individual 
     (QI) program, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. Mr. President, I ask unanimous consent that the bill be 
read three times, passed, and the motion to reconsider be laid upon the 
table; that any statements related to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3560) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

[[Page S9460]]

                                S. 3560

       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 ``QI Program Supplemental 
     Funding Act of 2008''.

     SEC. 2. FUNDING FOR THE QUALIFYING INDIVIDUAL (QI) PROGRAM.

       Section 1933(g)(2) of the Social Security Act (42 U.S.C. 
     1396u-3(g)(2)), as amended by section 111(b) of the Medicare 
     Improvements for Patients and Providers Act of 2008 (Public 
     Law 110-275), is amended--
       (1) in subparagraph (I), by striking ``$300,000,000'' and 
     inserting ``$315,000,000''; and
       (2) in subparagraph (J), by striking ``$100,000,000'' and 
     inserting ``$130,000,000''.

     SEC. 3. MANDATORY USE OF STATE PUBLIC ASSISTANCE REPORTING 
                   INFORMATION SYSTEM (PARIS) PROJECT.

       (a) In General.--Section 1903(r) of the Social Security Act 
     (42 U.S.C. 1396b(r)) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by inserting ``, in addition to meeting the requirements 
     of paragraph (3),'' after ``a State must''; and
       (2) by adding at the end the following new paragraph:
       ``(3) In order to meet the requirements of this paragraph, 
     a State must have in operation an eligibility determination 
     system which provides for data matching through the Public 
     Assistance Reporting Information System (PARIS) facilitated 
     by the Secretary (or any successor system), including 
     matching with medical assistance programs operated by other 
     States.''.
       (b) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by subsection (a) take effect on October 1, 
     2009.
       (2) Extension of effective date for state law amendment.--
     In the case of a State plan under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.) which the Secretary of 
     Health and Human Services determines requires State 
     legislation in order for the plan to meet the additional 
     requirements imposed by the amendments made by subsection 
     (a), the State plan shall not be regarded as failing to 
     comply with the requirements of such title solely on the 
     basis of its failure to meet these additional requirements 
     before the first day of the first calendar quarter beginning 
     after the close of the first regular session of the State 
     legislature that begins after the date of enactment of this 
     Act. For purposes of the previous sentence, in the case of a 
     State that has a 2-year legislative session, each year of the 
     session is considered to be a separate regular session of the 
     State legislature.

     SEC. 4. INCENTIVES FOR THE DEVELOPMENT OF, AND ACCESS TO, 
                   CERTAIN ANTIBIOTICS.

       (a) In General.--Section 505 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 355) is amended by adding at the end 
     the following:
       ``(v) Antibiotic Drugs Submitted Before November 21, 
     1997.--
       ``(1) Antibiotic drugs approved before november 21, 1997.--
       ``(A) In general.--Notwithstanding any provision of the 
     Food and Drug Administration Modernization Act of 1997 or any 
     other provision of law, a sponsor of a drug that is the 
     subject of an application described in subparagraph (B)(i) 
     shall be eligible for, with respect to the drug, the 3-year 
     exclusivity period referred to under clauses (iii) and (iv) 
     of subsection (c)(3)(E) and under clauses (iii) and (iv) of 
     subsection (j)(5)(F), subject to the requirements of such 
     clauses, as applicable.
       ``(B) Application; antibiotic drug described.--
       ``(i) Application.--An application described in this clause 
     is an application for marketing submitted under this section 
     after the date of the enactment of this subsection in which 
     the drug that is the subject of the application contains an 
     antibiotic drug described in clause (ii).
       ``(ii) Antibiotic drug.--An antibiotic drug described in 
     this clause is an antibiotic drug that was the subject of an 
     application approved by the Secretary under section 507 of 
     this Act (as in effect before November 21, 1997).
       ``(2) Antibiotic drugs submitted before november 21, 1997, 
     but not approved.--
       ``(A) In general.--Notwithstanding any provision of the 
     Food and Drug Administration Modernization Act of 1997 or any 
     other provision of law, a sponsor of a drug that is the 
     subject of an application described in subparagraph (B)(i) 
     may elect to be eligible for, with respect to the drug--
       ``(i)(I) the 3-year exclusivity period referred to under 
     clauses (iii) and (iv) of subsection (c)(3)(E) and under 
     clauses (iii) and (iv) of subsection (j)(5)(F), subject to 
     the requirements of such clauses, as applicable; and
       ``(II) the 5-year exclusivity period referred to under 
     clause (ii) of subsection (c)(3)(E) and under clause (ii) of 
     subsection (j)(5)(F), subject to the requirements of such 
     clauses, as applicable; or
       ``(ii) a patent term extension under section 156 of title 
     35, United States Code, subject to the requirements of such 
     section.
       ``(B) Application; antibiotic drug described.--
       ``(i) Application.--An application described in this clause 
     is an application for marketing submitted under this section 
     after the date of the enactment of this subsection in which 
     the drug that is the subject of the application contains an 
     antibiotic drug described in clause (ii).
       ``(ii) Antibiotic drug.--An antibiotic drug described in 
     this clause is an antibiotic drug that was the subject of 1 
     or more applications received by the Secretary under section 
     507 of this Act (as in effect before November 21, 1997), none 
     of which was approved by the Secretary under such section.
       ``(3) Limitations.--
       ``(A) Exclusivities and extensions.--Paragraphs (1)(A) and 
     (2)(A) shall not be construed to entitle a drug that is the 
     subject of an approved application described in subparagraphs 
     (1)(B)(i) or (2)(B)(i), as applicable, to any market 
     exclusivities or patent extensions other than those 
     exclusivities or extensions described in paragraph (1)(A) or 
     (2)(A).
       ``(B) Conditions of use.--Paragraphs (1)(A) and (2)(A)(i) 
     shall not apply to any condition of use for which the drug 
     referred to in subparagraph (1)(B)(i) or (2)(B)(i), as 
     applicable, was approved before the date of the enactment of 
     this subsection.
       ``(4) Application of certain provisions.--Notwithstanding 
     section 125, or any other provision, of the Food and Drug 
     Administration Modernization Act of 1997, or any other 
     provision of law, and subject to the limitations in 
     paragraphs (1), (2), and (3), the provisions of the Drug 
     Price Competition and Patent Term Restoration Act of 1984 
     shall apply to any drug subject to paragraph (1) or any drug 
     with respect to which an election is made under paragraph 
     (2)(A).''.
       (b) Transitional Rules.--
       (1) With respect to a patent issued on or before the date 
     of the enactment of this Act, any patent information required 
     to be filed with the Secretary of Health and Human Services 
     under subsection (b)(1) or (c)(2) of section 505 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to be 
     listed on a drug to which subsection (v)(1) of such section 
     505 (as added by this section) applies shall be filed with 
     the Secretary not later than 60 days after the date of the 
     enactment of this Act.
       (2) With respect to any patent information referred to in 
     paragraph (1) of this subsection that is filed with the 
     Secretary within the 60-day period after the date of the 
     enactment of this Act, the Secretary shall publish such 
     information in the electronic version of the list referred to 
     at section 505(j)(7) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 355(j)(7)) as soon as it is received, but in 
     no event later than the date that is 90 days after the 
     enactment of this Act.
       (3) With respect to any patent information referred to in 
     paragraph (1) that is filed with the Secretary within the 60-
     day period after the date of enactment of this Act, each 
     applicant that, not later than 120 days after the date of the 
     enactment of this Act, amends an application that is, on or 
     before the date of the enactment of this Act, a substantially 
     complete application (as defined in paragraph (5)(B)(iv) of 
     section 505(j) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 355(j))) to contain a certification described in 
     paragraph (2)(A)(vii)(IV) of such section 505(j) with respect 
     to that patent shall be deemed to be a first applicant (as 
     defined in paragraph (5)(B)(iv) of such section 505(j)).

     SEC. 5. CLARIFICATION OF AUTHORITY FOR USE OF MEDICAID 
                   INTEGRITY PROGRAM FUNDS.

       (a) Clarification of Authority for Use of Funds.--
       (1) In general.--Section 1936 of the Social Security Act 
     (42 U.S.C. 1396u-6) is amended--
       (A) in subsection (b)(4), by striking ``Education of'' and 
     inserting ``Education or training, including at such 
     national, State, or regional conferences as the Secretary may 
     establish, of State or local officers, employees, or 
     independent contractors responsible for the administration or 
     the supervision of the administration of the State plan under 
     this title,''; and
       (B) in subsection (e), by striking paragraph (2) and 
     inserting the following:
       ``(2) Availability; authority for use of funds.--
       ``(A) Availability.--Amounts appropriated pursuant to 
     paragraph (1) shall remain available until expended.
       ``(B) Authority for use of funds for transportation and 
     travel expenses for attendees at education, training, or 
     consultative activities.--
       ``(i) In general.--The Secretary may use amounts 
     appropriated pursuant to paragraph (1) to pay for 
     transportation and the travel expenses, including per diem in 
     lieu of subsistence, at rates authorized for employees of 
     agencies under subchapter I of chapter 57 of title 5, United 
     States Code, while away from their homes or regular places of 
     business, of individuals described in subsection (b)(4) who 
     attend education, training, or consultative activities 
     conducted under the authority of that subsection.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect as if included in the enactment of section 
     1936 of the Social Security Act, as added by section 6034(a) 
     of the Deficit Reduction Act of 2005 (Public Law 109-171).
       (b) Public Disclosure.--
       (1) In general.--Section 1936(e)(2)(B) of such Act (42 
     U.S.C. 1396u-6(e)(2)(B)), as added by subsection (a) of this 
     section, is amended by adding at the end the following:
       ``(ii) Public disclosure.--The Secretary shall make 
     available on a website of the Centers for Medicare & Medicaid 
     Services that is accessible to the public--

[[Page S9461]]

       ``(I) the total amount of funds expended for each 
     conference conducted under the authority of subsection 
     (b)(4); and
       ``(II) the amount of funds expended for each such 
     conference that were for transportation and for travel 
     expenses.''.

       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to conferences conducted under the authority of 
     section 1936(b)(4) of the Social Security Act (42 U.S.C. 
     1396u-6(b)(4)) after the date of enactment of this Act.

     SEC. 6. FUNDING FOR THE MEDICARE IMPROVEMENT FUND.

       Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
     1395iii(b)(1)) is amended by striking ``$2,220,000,000'' and 
     inserting ``$2,290,000,000''.

                          ____________________