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S 733

112th CONGRESS
1st Session

S. 733

To amend part B of title XVIII of the Social Security Act to exclude customary prompt pay discounts from manufacturers to wholesalers from the average sales price for drugs and biologicals under Medicare.

IN THE SENATE OF THE UNITED STATES

April 5, 2011

Mr. ROBERTS (for himself and Ms. STABENOW) introduced the following bill; which was read twice and referred to the Committee on Finance


A BILL

To amend part B of title XVIII of the Social Security Act to exclude customary prompt pay discounts from manufacturers to wholesalers from the average sales price for drugs and biologicals under Medicare.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. EXCLUDING CUSTOMARY PROMPT PAY DISCOUNTS FROM MANUFACTURERS TO WHOLESALERS FROM THE AVERAGE SALES PRICE FOR MEDICARE PAYMENTS FOR DRUGS AND BIOLOGICALS.

    (a) In General- Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w-3a(c)(3)) is amended--

      (1) in the first sentence, by inserting `(other than customary prompt pay discounts extended to wholesalers)' after `prompt pay discounts'; and

      (2) in the second sentence, by inserting `(other than customary prompt pay discounts extended to wholesalers)' after `other price concessions'.

    (b) Effective Date- The amendments made by this section shall apply to drugs and biologicals that are furnished on or after January 1, 2012.

END