Long-Term Care Pharmacy Definition Act of 2021
This bill establishes a statutory definition for long-term care pharmacy under the Medicare prescription drug benefit.
Currently, there is no statutory definition. Regulations from the Centers for Medicare & Medicaid Services (CMS) define a long-term care pharmacy as a pharmacy that is owned by or under contract with a long-term care facility to provide prescription drugs to the facility's residents. Additional requirements are set out in CMS guidance relating to the Medicare prescription drug benefit; pharmacies are also subject to regulations and guidance from other agencies (e.g., packaging requirements from the Food and Drug Administration).
The bill defines a long-term care pharmacy as a state-licensed pharmacy that is able to provide enhanced pharmacy and clinical services to individuals who have certain comorbid and medically complex chronic conditions and who reside in skilled nursing facilities, nursing facilities, or any other applicable setting (as determined by the CMS). The term enhanced pharmacy and clinical services includes medication dispensed in special packaging, drug utilization review, and 24-7 availability of medication delivery and on-call pharmacists.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5632 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5632
To codify a statutory definition for long-term care pharmacies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 19, 2021
Mr. Schrader (for himself and Mr. Mullin) 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 codify a statutory definition for long-term care pharmacies.
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 ``Long-Term Care Pharmacy Definition
Act of 2021''.
SEC. 2. DEFINITION.
Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102) is
amended by adding at the end the following new subsection:
``(f) Long-Term Care Pharmacy Defined.--
``(1) In general.--The term `long-term care pharmacy' means
a pharmacy licensed under applicable State law that is able to
provide enhanced pharmacy and clinical services to individuals
who require enhanced medication services and reside in a
facility (as defined in paragraph (4)).
``(2) Enhanced pharmacy and clinical services.--As used in
this subsection, the term `enhanced pharmacy and clinical
services' includes--
``(A) medications dispensed pursuant to a
prescription or chart order in specialized packaging
which shall include unit of use packaging, unit dose
packaging, single use containers, packaging from remote
automated dispensing technology, or other packaging
required;
``(B) drug utilization review to identify potential
adverse drug reactions and inappropriate drug usage;
``(C) medication reconciliation services at the
transition of care and other necessary clinical
management and medication services;
``(D) timely medication delivery 24 hours a day, 7
days a week;
``(E) pharmacist on-call availability to provider
dispensing and clinical services 24 hours a day, 7 days
a week;
``(F) emergency supplies of medication as permitted
by law and as required, including emergency kits or
remote automated dispensing technology at a facility;
and
``(G) such other services as the Secretary
determines appropriate.
``(3) Individuals requiring enhanced medication services.--
As used in this subsection, the term `individual who requires
enhanced medication services' means an individual who has one
or more comorbid and medically complex chronic conditions that
are life-threatening or significantly limit overall health or
function, pose a high risk of hospitalization or other adverse
health outcomes, and require enhanced pharmacy and clinical
services.
``(4) Facility.--As used in this subsection, the term
`facility' includes a facility described in section 1819(a),
1919(a), or 1905(d), or any other setting in which individuals
who require enhanced medication services reside as determined
by the Secretary.''.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Health.
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