[Congressional Record Volume 169, Number 128 (Tuesday, July 25, 2023)]
[Senate]
[Page S3525]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THUNE (for himself and Mr. Warner):
  S. 2477. A bill to amend title XVIII of the Social Security Act to 
provide pharmacy payment of certain services; to the Committee on 
Finance.
  Mr. THUNE. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2477

       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 ``Equitable Community Access 
     to Pharmacist Services Act''.

     SEC. 2. COVERAGE OF PHARMACIST SERVICES UNDER MEDICARE PART 
                   B.

       (a) Coverage.--Section 1861(s) of the Social Security Act 
     (42 U.S.C. 1395x(s)) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (II), by striking ``and'' at the end;
       (B) in subparagraph (JJ), by inserting ``and'' after the 
     semicolon at the end; and
       (C) by adding at the end the following new subparagraph:
       ``(KK) pharmacist services and such services and supplies 
     furnished as an incident to the pharmacist's service as would 
     otherwise be covered under part B if furnished by a physician 
     or as an incident to a physician's service that--
       ``(i) are furnished by a pharmacist--
       ``(I) as licensed under State law; or
       ``(II) pursuant to a Federal emergency authority described 
     under section 319F-3 or section 361 of the Public Health 
     Service Act, or other similar Federal law;
       ``(ii) would otherwise be covered under part B if furnished 
     by a physician; and
       ``(iii) are services--
       ``(I) for encounters for the evaluation and management of 
     patients for testing or treatment for COVID-19, influenza, 
     respiratory syncytial virus, or streptococcal pharyngitis; or
       ``(II) that address a public health need related to a 
     public health emergency under section 319F-3 or section 361 
     of the Public Health Service Act, or other similar Federal 
     law.''; and
       (2) in paragraph (10), in each of subparagraphs (A) and 
     (B), by inserting ``, including when furnished by a 
     pharmacist'' before the semicolon in each such subparagraph.
       (b) Payment.--Section 1833(a)(1) of the Social Security Act 
     (42 U.S.C. 1395l(a)(1)) is amended--
       (1) by striking ``and (HH)'' and inserting ``(HH)''; and
       (2) by inserting before the semicolon at the end the 
     following: ``and (II) with respect to pharmacist services 
     described in section 1861(s)(2)(KK), the amounts paid shall 
     be equal to 80 percent of the lesser of (i) the actual charge 
     for the services or (ii) 85 percent (or 100 percent, in the 
     case of such services furnished pursuant to a Federal 
     emergency authority described in clause (i)(II) of such 
     section) of the amount determined under the payment basis 
     under section 1848 for such services.''.
       (c) Prohibition on Balance Billing for Pharmacist 
     Services.--Section 1842(b)(18)(C) of the Social Security Act 
     (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end 
     the following:
       ``(ix) A pharmacist.''.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to restrict the ability of pharmacies and 
     pharmacists to enroll and obtain reimbursement under existing 
     pathways under title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.) as of the date of the enactment of this 
     Act, including payment as mass immunizers.
       (e) Implementation Authority.--Notwithstanding any other 
     provision of law, the Secretary of Health and Human Services 
     shall implement the provisions of, and the amendments made 
     by, this section by interim final rule, program instruction, 
     or otherwise not later than the date that is 60 days after 
     the date of the enactment of this Act.
                                 ______