To provide that the provision of the Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs final regulation relating to changes in the payment amount for certain drugs and biologicals purchased under the 340B drug discount program shall have no force or effect, and for other purposes.

This bill nullifies a rule finalized by the Centers for Medicare & Medicaid Services on November 13, 2017, that modifies payment under Medicare for certain drugs purchased through the 340B discount program.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4392 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4392

    To provide that the provision of the Medicare Program: Hospital 
 Outpatient Prospective Payment and Ambulatory Surgical Center Payment 
  Systems and Quality Reporting Programs final regulation relating to 
    changes in the payment amount for certain drugs and biologicals 
 purchased under the 340B drug discount program shall have no force or 
                    effect, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2017

 Mr. McKinley (for himself, Mr. Thompson of California, Mr. Johnson of 
    Ohio, Mr. Kustoff of Tennessee, Mr. Courtney, and Ms. Castor of 
   Florida) 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 provide that the provision of the Medicare Program: Hospital 
 Outpatient Prospective Payment and Ambulatory Surgical Center Payment 
  Systems and Quality Reporting Programs final regulation relating to 
    changes in the payment amount for certain drugs and biologicals 
 purchased under the 340B drug discount program shall have no force or 
                    effect, 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. TREATMENT OF CERTAIN MEDICARE HOSPITAL OUTPATIENT PAYMENTS 
              FOR CERTAIN DRUGS; OPPS BUDGET NEUTRALITY ADJUSTMENT.

    (a) Preventing Implementation of Medicare Hospital Outpatient 
Payment Changes for Hospitals That Purchase Drugs Under 340B Drug 
Discount Program.--Beginning on the date of the enactment of this Act, 
the Secretary of Health and Human Services shall not take any action to 
implement, administer, or enforce the provision of the final regulation 
titled the Medicare Program: Hospital Outpatient Prospective Payment 
and Ambulatory Surgical Center Payment Systems and Quality Reporting 
Programs published on November 13, 2017 (82 Fed. Reg. 52356 et seq.), 
that would change the payment amount under the Prospective Payment 
System for Hospital Outpatient Department Services under section 
1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) for separately 
payable, nonpass-through drugs and biologicals purchased under the drug 
discount program under section 340B of the Public Health Service Act 
(42 U.S.C. 256b). The payment amount under such payment system under 
such section 1833(t) for such a drug or biological shall be determined 
through the same methodology as if such final regulation did not apply.
    (b) OPPS Budget Neutrality Adjustment.--The first sentence of 
section 1833(t)(9)(B) of the Social Security Act (42 U.S.C. 
1395l(t)(9)(B)) is amended by striking ``part'' each place such term 
appears and inserting ``subsection'' each such place.
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