Protecting Seniors Access to Proper Care Act of 2015

Protecting Seniors Access to Proper Care Act of 2015

This bill amends title XVIII (Medicare) of the Social Security Act to allow an authorized physician or practitioner who is not enrolled as a Medicare provider to, under certain circumstances, prescribe covered drugs under the Medicare prescription drug benefit. Specifically, the physician or practitioner must not be: (1) otherwise disqualified from being enrolled; or (2) a doctor of medicine or osteopathy, unless the doctor's practice prescribes a low-volume of billings for such drugs under Medicare.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4062 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                H. R. 4062

     To amend title XVIII of the Social Security Act to remove the 
    enrollment restriction on certain physicians and practitioners 
 prescribing covered outpatient drugs under the Medicare prescription 
                             drug program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2015

 Mr. Marchant (for himself, Mr. Blumenauer, Mrs. Black, Mr. Nunes, and 
 Mr. Thompson of California) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
   the Committee on Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To amend title XVIII of the Social Security Act to remove the 
    enrollment restriction on certain physicians and practitioners 
 prescribing covered outpatient drugs under the Medicare prescription 
                             drug 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 ``Protecting Seniors Access to Proper 
Care Act of 2015''.

SEC. 2. REMOVING DUPLICATIVE PAPERWORK IN PERMITTING CERTAIN NON-
              ENROLLED PHYSICIANS OR PRACTITIONERS TO PRESCRIBE COVERED 
              OUTPATIENT DRUGS UNDER MEDICARE PART D.

    Section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-103) is 
amended by adding at the end the following new subsection:
    ``(m) Removal of Enrollment Restriction.--Nothing in this title or 
section 6405(c) of the Patient Protection and Affordable Care Act (42 
U.S.C. 1395f note) shall be construed as requiring, as a condition of 
payment by a PDP sponsor for a covered part D drug prescribed by an 
individual who is a physician or who is a practitioner described in 
section 1842(b)(18)(C) and authorized under State law to prescribe such 
drug, that the individual be enrolled under section 1866(j) so long 
as--
            ``(1) the individual is not otherwise disqualified from 
        being so enrolled; and
            ``(2)(A) the individual is not a physician described in 
        section 1861(r)(1); or
            ``(B) the individual is such a physician and the 
        individual's practice prescribes a low-volume (as determined by 
        the Secretary) of billings for such drugs under this part.''.
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