To amend title 38, United States Code, to provide improved prescription drug benefits for veterans.

July 24, 2003

Ms. HOOLEY of Oregon introduced the following bill; which was referred to the Committee on Veterans' Affairs

To amend title 38, United States Code, to provide improved prescription drug benefits for veterans.

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 `Improving Access to Prescription Drug Benefits for Veterans Act of 2003'.

SEC. 2. PRESCRIPTION DRUG BENEFIT FOR VETERANS.

(a) IN GENERAL- (1) Chapter 17 of title 38, United States Code, is amended by inserting after section 1722A the following new section:

`Sec. 1722B. Prescription drug benefit

`(a) BENEFIT- The Secretary shall establish a prescription drug benefit program in accordance with this section. Under the program, the Secretary shall furnish to veterans described in subsection (b) drugs and medicines ordered on prescription of a duly licensed physician or other authorized health care professional who is not an employee of the Department, subject to the payment of any applicable premium and copayment under this section.

`(b) VETERANS ELIGIBLE FOR BENEFIT- A veteran is eligible to participate in the prescription drug benefit program under this section if the veteran--

`(1) is enrolled in the Department health care system under section 1705 of this title;

`(2) seeks an initial appointment with a physician or other health-care provider of the Department to obtain a prescription for drugs or medicines; and

`(3) either--

`(A) is informed that such an appointment may be made only for a date that is more than 30 days after the date on which the veteran makes the contact seeking the appointment; or

`(B) otherwise, through no responsibility of the veteran, does not actually have such an appointment within 30 days of the date on which the veteran makes the contact seeking the appointment.

`(c) ANNUAL PREMIUM AND COPAYMENTS- (1) The Secretary shall by regulation establish an annual premium amount that must be paid to the United States by a veteran for drugs and medicines furnished under this section each year before such drugs and medicines are furnished to that veteran at the expense of the United States that year.

`(2) The Secretary shall by regulation establish an amount (known as a `copayment') that must be paid to the United States by a veteran for each 30-day supply of drugs and medicines furnished under this section. If the quantity of such drugs and medicines furnished is less than a 30-day supply, the amount of the copayment charge may not be reduced.

`(3) The Secretary may establish different copayment amounts for prescriptions depending on--

`(A) whether they are filled under a generic drug name or by brand name;

`(B) whether or not they are available by mail; and

`(C) whether or not they are on the Department's National Prescription Drug Formulary.

`(4) The amount of the copayment charged for any particular prescription--

`(A) may not be less than the amount in effect under section 1722A of this title for the copayment for medications furnished by the Department on prescription of Department health-care professionals; and

`(B) subject to subparagraph (A), may not exceed the cost to the Secretary of furnishing the drugs or medicine.

`(d) DISPOSITION OF RECEIPTS- Any amount received under subsection (c) shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund.

`(e) NONLIABILITY- A health care professional may not be considered to be an agent or employee of the United States by reason of a prescription of that health care professional being furnished by the Secretary under this section.

`(f) INFORMATION RESOURCES- (1) The Secretary shall maintain records of the costs of the program under this section.

`(2) Not later than six years after the date of the enactment of this section, the Secretary shall implement a computerized patient profile system for participants in the prescription drug benefit program under this section. The patient profile system shall have the capability, for each participant in the program, of identifying--

`(A) known drug interactions;

`(B) contraindicated drugs;

`(C) available `best value' treatment alternatives for prescribed medications; and

`(D) patient safety issues.

`(g) ANNUAL REPORT TO CONGRESS- The Secretary shall submit to Congress an annual report on the operation of this section for each of the first five years this section is in effect. Each such report shall include the following:

`(1) The number of participants in the program during the year covered by the report and, of that number, the number who were new enrollees during that year.

`(2) The cost to the Department of the program under this section during the year covered by the report.

`(3) The amount of resources added during the year covered by the report to accommodate increased workloads by reason of this section.

`(h) REGULATIONS- The Secretary shall prescribe regulations to carry out this section.'.

(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1722A the following new item:

`1722B. Prescription drug benefit.'.

(b) EFFECTIVE DATE- Section 1722B of title 38, United States Code, as added by subsection (a), shall take effect on the first day of the first month beginning more than six months after the date of the enactment of this Act.

END