[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2484 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 2484

    To amend title XVIII of the Social Security Act to establish an 
   exception to the physician self-referral prohibition for certain 
 outpatient prescription drugs furnished by a physician practice under 
                         the Medicare program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 31, 2025

 Mrs. Harshbarger (for herself, Ms. Wasserman Schultz, Mrs. Miller of 
West Virginia, Mr. Soto, Mr. Crenshaw, and Mr. Davis of North Carolina) 
 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 amend title XVIII of the Social Security Act to establish an 
   exception to the physician self-referral prohibition for certain 
 outpatient prescription drugs furnished by a physician practice under 
                         the Medicare program.

    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 ``Seniors' Access to Critical 
Medications Act of 2025''.

SEC. 2. ESTABLISHING AN EXCEPTION TO THE PHYSICIAN SELF-REFERRAL 
              PROHIBITION FOR CERTAIN OUTPATIENT PRESCRIPTION DRUGS 
              FURNISHED BY A PHYSICIAN PRACTICE UNDER THE MEDICARE 
              PROGRAM.

    (a) In General.--Section 1877(b) of the Social Security Act (42 
U.S.C. 1395nn(b)) is amended by adding at the end the following new 
paragraph:
            ``(6) Certain outpatient prescription drugs.--
                    ``(A) In general.--In the case of designated health 
                services described in subsection (h)(6)(J) that are 
                covered part D drugs (as defined in section 1860D-2(e)) 
                and furnished to an individual during the period 
                beginning on January 1, 2026, and ending on December 
                31, 2030, if--
                            ``(i) such drugs are prescribed by the 
                        referring physician (or by another physician or 
                        practitioner (as described in section 
                        1842(b)(18)(C)) within the same group practice 
                        as such physician);
                            ``(ii) such individual has an ongoing 
                        relationship (as defined by the Secretary) with 
                        such physician or practitioner who prescribed 
                        such drugs (or with another physician or 
                        practitioner within the same group practice as 
                        such physician or practitioner);
                            ``(iii) within the 1-year period prior to 
                        the dispensing of such drugs, such individual 
                        had at least 1 face-to-face, in-person 
                        encounter with such referring physician (or 
                        with another physician or practitioner within 
                        the same group practice as such physician, as 
                        determined by tax identification number) during 
                        which items or services that are not designated 
                        health services and for which payment was made 
                        under this title were furnished to such 
                        individual;
                            ``(iv) such drugs are dispensed by the 
                        referring physician, a physician who is a 
                        member of the same group practice as the 
                        referring physician, or an individual who is 
                        directly supervised by such a physician, from a 
                        building described in paragraph (2)(A)(ii), 
                        including through--
                                    ``(I) in-person pickup by the 
                                individual or a caregiver or family 
                                member of such individual; or
                                    ``(II) a mail, delivery, or courier 
                                service; and
                            ``(v) such drugs are billed for by the 
                        physician dispensing or supervising the 
                        dispensing of such drugs, by a group practice 
                        of which such physician is a member under a 
                        billing number assigned to such group practice, 
                        or by an entity that is wholly owned by such 
                        physician or such group practice.
                    ``(B) Rule of construction.--Nothing in 
                subparagraph (A) shall be construed as modifying any 
                program requirements under part D.''.
    (b) GAO Study and Report.--
            (1) Study.--The Comptroller General of the United States 
        (in this section referred to as the ``Comptroller General'') 
        shall conduct a study examining--
                    (A) pharmacies or pharmacy networks participating 
                under part D of title XVIII of the Social Security Act 
                (42 U.S.C. 1395w-101 et seq.) that, after the date of 
                the enactment of this section, dispense significantly 
                more (as determined by the Comptroller General) covered 
                part D drugs (as defined in section 1860D-2 of such Act 
                (42 U.S.C. 1395e-102)) compared to the amount of such 
                drugs dispensed prior to such date;
                    (B) common characteristics of the pharmacies and 
                pharmacy networks identified under subparagraph (A), 
                including, to the extent identifiable, the extent to 
                which such pharmacies and pharmacy networks are owned 
                by a physician or group practice (as defined in section 
                1877(h) of the Social Security Act (42 U.S.C. 
                1395nn(h)) or otherwise integrated into a physician's 
                practice or group practice; and
                    (C) common characteristics of arrangements entered 
                into by physicians or group practices for purposes of 
                dispensing drugs within physicians' offices or 
                otherwise integrating pharmacies or the dispensing of 
                drugs into a physician's practice or group practice, 
                including, to the extent feasible and identifiable, an 
                analysis of--
                            (i) specific physician specialties or 
                        subspecialties for which such arrangements are 
                        especially common or have shown substantial 
                        growth;
                            (ii) the extent to which physicians and 
                        group practices participating in such 
                        arrangements have such arrangements or 
                        integration with other physicians or group 
                        practices or other drug supply chain 
                        participants (including pharmacy benefit 
                        managers, insurers, wholesalers, distributors, 
                        or management services organizations);
                            (iii) common contracting features of such 
                        arrangements relating to the utilization of 
                        covered part D drugs or services provided in 
                        connection with such drugs, including contract 
                        terms related to administrative or dispensing 
                        fees for such drugs and the types of payments 
                        provided in connection with such services;
                            (iv) common measures, including notices or 
                        disclosures, taken by physicians and group 
                        practices participating in such arrangements in 
                        order to mitigate or otherwise address 
                        potential conflicts of interest posed by such 
                        arrangements; and
                            (v) any components or features of such 
                        arrangements that may influence prescribing 
                        decisions or patterns among physicians and 
                        group practices participating in such 
                        arrangements.
            (2) Report.--Not later than 3 years after the date of the 
        enactment of this section, the Comptroller General shall submit 
        to Congress a report on the findings of the study required 
        under paragraph (1), which shall not include identifying or 
        proprietary information with respect to the pharmacies or 
        pharmacy networks examined.

SEC. 3. MEDICARE IMPROVEMENT FUND.

    Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
1395iii(b)(1)) is amended by striking ``1,804,000,000'' and inserting 
``1,786,000,000''.
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