[Congressional Record Volume 159, Number 65 (Thursday, May 9, 2013)]
[Senate]
[Page S3330]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COCHRAN (for himself and Mr. Wicker):
  S. 914. 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 January 1, 2013, the Centers for 
Medicare and Medicaid Services began implementing a final rule to 
prohibit compounding pharmacies that prepare medications used in 
implanted infusion pumps from billing Medicare directly for these 
services. This reverses a policy that has been permissible in several 
States for over 20 years. Since the proposed change in May 2011, I have 
worked with Senator Wicker and other Members of Congress to delay this 
change until its effects have been fully considered.
  During the public comment period for this rule, pharmacies, 
physicians, and patients overwhelmingly opposed this policy change. In 
Mississippi, the State board of pharmacy prohibits pharmacies from 
selling compounded pain medications to physicians, resulting in 
decreased access to effective treatments for chronic pain disorders. 
States across the nation are coming to realize the negative 
implications of this policy change.
  With this final rule, the Centers for Medicare and Medicaid Services 
has not fully taken into account patient impact or State regulations. 
In addition, pharmacies that bill Medicare must comply with Federal 
accreditation rules, further enhancing patient safety. We should 
protect patient access to effective treatments rather than hinder it. 
This bill would allow compounding pharmacies to continue to bill 
Medicare directly for their services in the interest of helping 
patients receive the quality care they deserve.
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