12 2 STA T . 2 58 1 PUBLIC LA W 11 0– 2 7 5 —J UL Y 15 , 2008 isamend ed by addin g a t t h e end the fol lo w ing new s u b p a r a - graph
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‘ (B)SUBMIS SI ON O FCLA IMS B YPH A R MACI E S LOCA T E D IN OR CONTRACTIN GW ITH LONG-TERM CARE FACILITIES .— Se c tion 1860D– 1 2 (b)( 5 ). ’ ’. (b) E FFECTI V E DATE.— T he amendments made by this section shall apply to plan years beginning on or after J anuary 1 , 2010. SEC.173 . R E GULA RU PD A T E OF PRESCR I PTIO N DRUG PRICING STANDARD. (a) R E Q UIREMENT FOR P RESCRIPTION DRUG PLANS.—Section 1860D–12(b) of the Social Security A ct( 4 2 U .S. C . 1 39 5w–112(b)), as amended by section 1 7 2(a)(1), is amended by adding at the end the following new paragraph: ‘‘(6) REGULAR UPDATE OF PRESCRIPTION DRUG PRICING STANDARD.— I f the PDP sponsor of a prescription drug plan uses a standard for reimbursement of pharmacies based on the cost of a drug, each contract entered into with such sponsor under this part with respect to the plan shall pro v ide that the sponsor shall update such standard not less fre q uently than once every 7 days, beginning with an initial update on January 1 of each year, to accurately reflect the mar k et price of acquiring the drug.’’. (b) REQUIREMENT FOR M A–PD PLANS.—Section 1857(f)(3) of the Social Security Act, as amended by section 172(a)(2), is amended by adding at the end the following new subparagraph: ‘‘(C) REGULAR UPDATE OF PRESCRIPTION DRUG PRICING STANDARD.—Section 1860D–12(b)(6).’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning on or after January 1, 2009. PARTI I —O T HE R PRO V I S IO N S SEC. 17 5 . INCLUSION OF B ARBITURATES AND BEN Z ODIAZEPINES AS CO V ERED PART D DRUGS. (a) IN G ENERAL.—Section 1860D–2(e)(2)(A) of the Social Secu- rity Act (42 U.S.C. 1395w–102(e)(2)(A)) is amended by inserting after ‘‘agents),’’ the following ‘‘other than subparagraph (I) of such section (relating to barbiturates) if the barbiturate is used in the treatment of epilepsy, cancer, or a chronic mental health disorder, and other than subparagraph (J) of such section (relating to ben z odiazepines),’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to prescriptions dispensed on or after January 1, 2013. SEC. 17 6 . FOR M ULAR Y RE Q UIREMENTS W IT H RESPECT TO CERTAIN CATEGORIES OR CLASSES OF DRUGS. Section 1860D–4(b)(3) of the Social Security Act (42 U.S.C. 1395w–104(b)(3)) is amended— (1) in subparagraph (C)(i), by striking ‘‘The formulary’’ and inserting ‘‘Sub j ect to subparagraph (G), the formulary’’
and (2) by inserting after subparagraph ( F ) the following new subparagraph: ‘‘(G) REQUIRED INCLUSION OF DRUGS IN CERTAIN CAT- EGORIES AND CLASSES.— 42USC1395w– 1 0 2 note. 42 USC 1395w–2 7 note. 42 USC 1395w–27 note.
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