[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8749 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8749
To amend title XVIII of the Social Security Act to promote preparedness
and Medicare beneficiary access to safer, more accurate sterile
intravenous drug preparations through automated hospital
infrastructure.
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IN THE HOUSE OF REPRESENTATIVES
June 14, 2024
Mr. Kelly of Pennsylvania introduced the following bill; which was
referred to the Committee on Ways and Means
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A BILL
To amend title XVIII of the Social Security Act to promote preparedness
and Medicare beneficiary access to safer, more accurate sterile
intravenous drug preparations through automated hospital
infrastructure.
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 ``Safer Compounding in Hospitals Act
of 2024''.
SEC. 2. PROMOTING PREPAREDNESS AND MEDICARE BENEFICIARY ACCESS TO
SAFER, MORE ACCURATE STERILE INTRAVENOUS DRUG
PREPARATIONS THROUGH AUTOMATED HOSPITAL INFRASTRUCTURE.
Section 1886(d)(5) of the Social Security Act (42 U.S.C.
1395ww(d)(5)) is amended by adding at the end the following new
subparagraph:
``(N)(i) Subject to clause (iv), in the case of a subsection (d)
hospital and with respect to a discharge of an individual occurring on
or after October 1, 2025, and before October 1, 2031, who was furnished
a sterile intravenous treatment prepared with closed system automation
device technology (as defined in clause (v)) by such hospital in
compliance with all applicable requirements and regulations of the Food
and Drug Administration, the Secretary shall provide an additional
payment to such hospital of $40 for each such treatment so furnished.
``(ii) The Secretary shall establish a method to identify sterile
intravenous treatments prepared with closed system automation device
technology through the use of ICD 10 PCS codes, diagnosis codes,
condition codes, or such other means as determined appropriate by the
Secretary.
``(iii) The Secretary shall make such adjustments to payments under
this subsection as the Secretary determines necessary to ensure that
aggregate expenditures under this subsection with respect to a fiscal
year with application of this subparagraph are estimated to be equal to
such expenditures under this subsection with respect to such year
without application of this subparagraph.
``(iv) Aggregate payments made under this subparagraph with respect
to discharges occurring during a fiscal year may not exceed
$40,000,000.
``(v) For purposes of this subparagraph, the term `closed system
automation device technology' means equipment that is cleared or
approved by the Food and Drug Administration and that--
``(I) aseptically compounds ready-to-administer compounded
sterile preparations without direct human manipulation;
``(II) creates, monitors, and assures an uncompromised ISO
5 environment, with continuous isolation of its interior from
the external environment;
``(III) demonstrates unidirectional air within the
compounding chamber and loading area or areas;
``(IV) incorporates barcode verification of all drug
ingredients, which are comprised solely of finished sterile
drug products approved by the Food and Drug Administration;
``(V) assures drug dose accuracy and control using
gravimetric (or comparable) analysis;
``(VI) provides photographic evidence of all supply
containers;
``(VII) applies labels to compounded sterile preparations
within ISO 5 environment;
``(VIII) maintains detailed compounding, cleaning, and
other operational records; and
``(IX) is developed, manufactured, and serviced as a
pharmacy compounding device or system per guidance promulgated
by the Food and Drug Administration.''.
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