[Congressional Record Volume 167, Number 57 (Friday, March 26, 2021)]
[Extensions of Remarks]
[Page E317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   CENTERS OF MEDICARE AND MEDICAID SERVICES' RESPONSE TO QUESTIONS 
 REGARDING CLARIFICATION ON CERTAIN PROVISIONS IN THE AMERICAN RESCUE 
                                  PLAN

                                 ______
                                 

                           HON. LARRY BUCSHON

                               of indiana

                    in the house of representatives

                         Friday, March 26, 2021

  Mr. BUCSHON. Madam Speaker, I would like to include in the Record 
clarifying comments from Centers for Medicare and Medicaid Services 
(CMS) in response to a question I asked during a House Energy and 
Commerce Committee Markup on February 12, 2021. During the Markup, I 
asked about the scope of the Medicaid drug rebate provisions, 
specifically section 3101(a)(4), in the American Rescue Plan.
  CMS responded: ``Regarding whether section 3101(a)(4) preserves the 
status quo, we do not believe this language extends rebates to drugs or 
biological products not currently subject to rebates under the MDRP. 
Meaning, it keeps the status quo.
  ``We agree this provision is drafted similarly to the `fix' for MAT. 
Like MAT, since states would be required to cover drugs under this new 
COVID treatment benefit, confirming that states would still be required 
to cover such drugs absent any rebate agreement.
  ``Note that we do not believe current statute compels a manufacturer 
to enter into a rebate agreement. So if the intent is to compel payment 
of rebates for drugs covered under this new benefit, this provision 
would have to be drafted differently.''

                          ____________________