Bill Sponsor
Senate Bill 4274
116th Congress(2019-2020)
Legalizing Drug Discounts for Seniors Act of 2020
Introduced
Introduced
Introduced in Senate on Jul 22, 2020
Overview
Text
Introduced in Senate 
Jul 22, 2020
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Introduced in Senate(Jul 22, 2020)
Jul 22, 2020
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Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
Bill Sponsor is currently only finding exact word-for-word section matches. In a future release, partial matches will be included.
S. 4274 (Introduced-in-Senate)


116th CONGRESS
2d Session
S. 4274


To amend title XI of the Social Security Act to exclude discounts for covered part D drugs from the anti-kickback prohibition, and for other purposes.


IN THE SENATE OF THE UNITED STATES

July 22, 2020

Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Finance


A BILL

To amend title XI of the Social Security Act to exclude discounts for covered part D drugs from the anti-kickback prohibition, and for other purposes.

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 “Legalizing Drug Discounts for Seniors Act of 2020”.

SEC. 2. Exclusion of discounts for covered Part D drugs from the anti-kickback prohibition.

(a) Exclusion of discounts.—Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a–7b(b)(3)) is amended—

(1) in subparagraph (J)—

(A) by moving such subparagraph 2 ems to the left; and

(B) by striking “and” at the end;

(2) in subparagraph (K)—

(A) by moving such subparagraph 2 ems to the left; and

(B) by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following new subparagraph:

“(L) a discount, including through a rebate, discount card, or coupon, with respect to a covered part D drug (as defined in section 1860D–2(e)) under part D of title XVIII if—

“(i) the full value of such discount is provided initially to a part D eligible individual (as defined in section 1860D–1(a)(3)(A)) enrolled in a part D plan (as defined in section 1860D–23(a)(5)), and the discount is not structured for the specific purpose of providing a price concession, other than a bona fide service fee, to another individual or entity; and

“(ii) in the case where such discount includes a reduction in price applicable to individuals enrolled in a health plan but not to individuals enrolled in a prescription drug plan under such part D or a MA–PD plan under part C of such title XVIII, such discount is not structured for the specific purpose of increasing utilization of such covered part D drug under such a prescription drug plan or MA–PD plan.”.

(b) Application of the protection against out-of-Pocket expenditures.—Section 1860D–2(b)(4)(C)(iii) of the Social Security Act (42 U.S.C. 1395w–102(b)(4)(C)(iii)) is amended—

(1) in subclause (III), by striking “or” at the end;

(2) in subclause (IV), by striking the period at the end and inserting “; or”; and

(3) by adding at the end the following:

“(V) under an arrangement described in section 1128B(b)(3)(L).”.

(c) Effective date.—The amendments made by this section shall take effect on January 1, 2021.