< Back to S. 1195 (108th Congress, 2003–2004)

Text of the Safety Net Hospital Pharmacy Access Act of 2003

This bill was introduced on June 5, 2003, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 5, 2003 (Introduced).

Source: GPO

S 1195 IS

108th CONGRESS

1st Session

S. 1195

To amend title XIX of the Social Security Act to clarify that inpatient drug prices charged to certain public hospitals are included in the best price exemptions for the medicaid drug rebate program.

IN THE SENATE OF THE UNITED STATES

June 5, 2003

Mr. KYL (for himself, Mr. BINGAMAN, Mr. ROCKEFELLER, Mr. MCCAIN, Mr. FRIST, Mr. ALEXANDER, Mrs. LINCOLN, Mr. BUNNING, Mr. SMITH, Mr. GRAHAM of Florida, Mr. SANTORUM, Mr. KERRY, Mr. KENNEDY, and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on Finance


A BILL

To amend title XIX of the Social Security Act to clarify that inpatient drug prices charged to certain public hospitals are included in the best price exemptions for the medicaid drug rebate program.

    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 ‘Safety Net Hospital Pharmacy Access Act of 2003’.

SEC. 2. CLARIFICATION OF INCLUSION OF INPATIENT DRUG PRICES CHARGED TO CERTAIN PUBLIC HOSPITALS IN THE BEST PRICE EXEMPTIONS FOR THE MEDICAID DRUG REBATE PROGRAM.

    (a) IN GENERAL- Section 1927(c)(1)(C)(i)(I) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)(i)(I)) is amended by inserting before the semicolon the following: ‘(including inpatient prices charged to hospitals described in section 340B(a)(4)(L) of the Public Health Service Act)’.

    (b) ANTI-DIVERSION PROTECTION- Section 1927(c)(1)(C) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)) is amended by adding at the end the following:

          ‘(iii) APPLICATION OF AUDITING AND RECORDKEEPING REQUIREMENTS- With respect to a covered entity described in section 340B(a)(4)(L) of the Public Health Service Act, any drug purchased for inpatient use shall be subject to the auditing and recordkeeping requirements described in section 340B(a)(5)(C) of the Public Health Service Act.’.

    (c) EFFECTIVE DATE- The amendments made by this section take effect on October 1, 2003.