PUBLIC LAW 105-33—AUG. 5, 1997 111 STAT. 463 or biological for which payment may be made under this part and the drug or biological is not paid on a cost or prospective payment basis as otherwise provided in this part, the amount payable for the drug or biological is equal to 95 percent of the average wholesale price. "(2) If payment for a drug or biological is made to a licensed pharmacy approved to dispense drugs or biologicals under this part, the Secretary may pay a dispensing fee (less the applicable deductible and coinsurance amounts) to the pharmacy.". (b) CONFORMING AMENDMENT. —Section 1833(a)(1) (42 U.S.C. 13951(a)(1)), as amended by sections 4315(b) and 4531(b)(1), is amended— (1) by striking "and (R)" and inserting "(R)"; and (2) by striking the semicolon at the end and inserting the following: ", and (S) with respect to drugs and biologicals not paid on a cost or prospective payment basis as otherwise provided in this part (other than items and services described in subparagraph (B)), the amounts paid shall be 80 percent of the lesser of the actual charge or the payment amount established in section 1842(o);". (c) STUDY AND REPORT. — The Secretary of Health and Human Services shall study the effect on the average wholesede price of drugs and biologicals of the amendments made by subsection (a) and shall report to the Committees on Ways and Means and Commerce of the House of Representatives and the Committee on Finance of the Senate the result of such study not later than July 1, 1999. (d) EFFECTIVE DATE. —The amendments made by subsections (a) and (b) shall apply to drugs and biologicals furnished on or after January 1, 1998. SEC. 4557. COVERAGE OF ORAL ANTI-NAUSEA DRUGS UNDER CHEMOTHERAPEUTIC REGIMEN. (a) IN GENERAL.— Section 1861(s)(2) (42 U.S.C. 1395x(s)(2)), as amended by sections 4104 and 4105, is amended— (1) by striking "and" at the end of subparagraph (R); and (2) by inserting after subparagraph (S) the following new subparagraph: "(T) an oral drug (which is approved by the Federal Food and Drug Administration) prescribed for use as an acute antiemetic used as part of an anticancer chemotherapeutic regimen if the drug is administered by a physician (or as prescribed by a physician)— "(i) for use immediately before, at, or within 48 hours after the time of the administration of the anticancer chemotherapeutic agent; and "(ii) as a full replacement for the anti-emetic therapy which would otherwise be administered intravenously.". (b) EFFECTIVE DATE. —The amendments made by subsection (a) shall apply to items and services furnished on or after January 1, 1998. SEC. 4558. RENAL DIALYSIS-RELATED SERVICES. (a) AUDITING OF COST REPORTS.—Beginning with cost reports for 1996, the Secretary shall audit cost reports of each renal dialysis provider at least once every 3 years. (b) IMPLEMENTATION OF QUALITY STANDARDS. —The Secretary of Health and Human Services shall develop, by not later than 42 USC 1395u note. 42 USC 1395/ note. 42 USC 1395X note. 42 USC 1395rr note.
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