[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[Senate]
[Page S5986]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COCHRAN (for himself and Mr. Wicker):
  S. 3496. A bill to amend title XVIII of the Social Security Act to 
permit direct payment to pharmacies for certain compounded drugs that 
are prepared by the pharmacies for a specific beneficiary for use 
through an implanted infusion pump; to the Committee on Finance.
  Mr. COCHRAN. Mr. President, on May 13, 2011, the Centers for Medicare 
and Medicaid Services issued Change Request 7397 to stop compounding 
pharmacies that prepare medications used in implanted infusion pumps 
from billing Medicare directly for these services. This was an attempt 
to reverse a policy that has been permissible in several States for 
over 20 years. Since then, I have worked with Senator Wicker and other 
Members of Congress to delay the implementation of this change until 
its effects have been fully considered.
  This policy change has been met with opposition from pharmacies, 
physicians, and patients. In Mississippi, pharmacies are prohibited 
from selling infused pain medications to physicians, which would result 
in decreased access to effective treatments for chronic pain disorders. 
While this is a particular issue in my State, this policy change will 
have serious implications across the Nation.
  The Centers for Medicare and Medicaid Services has worked with us 
over the past year to delay this policy change and to propose a rule 
that is now receiving comments. However, CMS officials have continued 
to demonstrate a lack of understanding about the potential consequences 
of changing payment policy. We should protect practices that have been 
effective in treating patients and support those who supply drugs 
necessary for the well-being of patients. This bill would explicitly 
allow compounding pharmacies to bill Medicare directly for their 
services in the interest of helping patients continue to receive the 
quality care they deserve.
                                 ______