116th CONGRESS 2d Session |
To amend title XIX of the Social Security Act to clarify that drugs and biologicals used for medication-assisted treatment under Medicaid are subject to the requirements of the Medicaid Drug Rebate Program.
September 23, 2020
Ms. Klobuchar (for herself and Ms. Smith) introduced the following bill; which was read twice and referred to the Committee on Finance
To amend title XIX of the Social Security Act to clarify that drugs and biologicals used for medication-assisted treatment under Medicaid are subject to the requirements of the Medicaid Drug Rebate Program.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Strengthening Medicaid Coverage of MAT Act”.
SEC. 2. Inclusion in the Medicaid drug rebate program of covered outpatient drugs used for medication-assisted treatment.
(a) In general.—Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—
(1) in paragraph (29) of subsection (a)—
(A) by moving the margin of such paragraph 2 ems to the right; and
(B) by striking “subject to paragraph (2)” and inserting “subject to paragraphs (2) and (3)”; and
(2) in subsection (ee), by adding at the end the following:
“(3) APPLICATION OF REBATE REQUIREMENTS.—The requirements of section 1927 shall apply to any drug or biological product described in paragraph (1)(A) that is—
“(A) furnished as medical assistance in accordance with subsection (a)(29) and section 1902(a)(10)(A); and
“(B) a covered outpatient drug (as defined in section 1927(k), except that, in applying paragraph (2)(A) of such section to a drug described in paragraph (1)(A), such drug shall be deemed a prescribed drug for purposes of subsection (a)(12)).”.
(b) Conforming amendment.—Section 1927(d)(7) of the Social Security Act (42 U.S.C. 1396r–8(d)(7)) is amended by adding at the end the following new subparagraph:
“(D) Drugs and biological products described in subsection (ee)(1)(A) of section 1905 that are furnished as medical assistance in accordance with subsection (a)(29) of such section and section 1902(a)(10)(A).”.
(c) Retroactive effective date.—The amendments made by this section shall take effect as if included in the enactment of section 1006(b) of the SUPPORT for Patients and Communities Act (Public Law 115–271; 132 Stat. 3914).