[Congressional Record Volume 168, Number 133 (Saturday, August 6, 2022)]
[Senate]
[Pages S4237-S4238]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5210. Mr. SANDERS (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 5194 submitted by Mr. 
Schumer to the bill H.R. 5376, to provide for reconciliation pursuant 
to title II of S. Con. Res. 14; which was ordered to lie on the table; 
as follows:

        Strike part 1 of subtitle B of title I and insert the 
     following:

  PART 1--CAP ON COSTS FOR COVERED PRESCRIPTION DRUGS UNDER MEDICARE 
                             PARTS B AND D

     SEC. 11001. CAP ON COSTS FOR COVERED PRESCRIPTION DRUGS UNDER 
                   MEDICARE PARTS B AND D.

       (a) In General.--Title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 1899C. CAP ON COSTS FOR COVERED PRESCRIPTION DRUGS 
                   UNDER MEDICARE PARTS B AND D.

       ``(a) In General.--In no case may the amount of payment for 
     a drug or biological under part B or a covered part D drug 
     (as defined in section 1860D-2(e)) under a prescription drug 
     plan under part D exceed the lower of the following:
       ``(1) The amount paid by the Secretary of Veterans Affairs 
     to procure the drug under the laws administered by the 
     Secretary.
       ``(2) The amount paid to procure the drug through the 
     Federal Supply Schedule of the General Services 
     Administration.
       ``(b) Manufacturer Requirement.--In order for coverage to 
     be available under part B for a drug or biological of a 
     manufacturer or under part D for a covered part D drug of a 
     manufacturer, the manufacturer must agree to provide such 
     drug or biological to providers of services and suppliers 
     under part B or such covered part D drug to prescription drug 
     plans under part D for an amount that does not exceed the 
     maximum payment amount applicable under subsection (a).
       ``(c) Access to Pricing Information.--The Secretary of 
     Veterans Affairs and the Administrator of General Services 
     shall provide

[[Page S4238]]

     to the Secretary of Health and Human Services the information 
     described in paragraphs (1) and (2), respectively, of 
     subsection (a) and such other information as the Secretary of 
     Health and Human Services may request in order to carry out 
     this section.
       ``(d) Effective Date.--This section shall apply with 
     respect to drugs furnished or dispensed on or after January 
     1, 2023.''.
       (b) Conforming Amendments.--
       (1) Application under part b.--Section 1847A of the Social 
     Security Act (42 U.S.C. 1395w-3a), as amended by section 
     11101, is amended--
       (A) in subsection (b)(1), by striking ``and (e)'' and 
     inserting ``(e), and (i)'';
       (B) by redesignating subsection (j) as subsection (k); and
       (C) by inserting after subsection (i) the following 
     subsection:
       ``(j) Application of Cap on Costs for Part B Drugs.--
     Notwithstanding the preceding provisions of this subsection, 
     the amount of payment under this section for a drug or 
     biological furnished on or after January 1, 2023, shall not 
     exceed the maximum payment amount applicable to the drug or 
     biological under section 1899C(a).''.
       (2) Application as negotiated price under part d.--Section 
     1860D-2(d)(1)(B) of the Social Security Act (42 U.S.C. 1395w-
     102(d)(1)(B)) is amended by adding at the end the following 
     new sentence: ``Notwithstanding any other provision of this 
     part, the negotiated price used for payment for a covered 
     part D drug dispensed on or after January 1, 2023, shall not 
     exceed the maximum payment amount applicable to the covered 
     part D drug under section 1899C.''.
                                 ______