Strengthening Medicaid Coverage of MAT Act

II 116TH CONGRESS 2D SESSION S. 4674 To amend title XIX of the Social Security Act to clarify that drugs and biologicals used for medication-assisted treatment under Medicaid are subject to the requirements of the Medicaid Drug Rebate Program. IN THE SENATE OF THE UNITED STATES SEPTEMBER 23, 2020 Ms. KLOBUCHAR (for herself and Ms. SMITH) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to clarify that drugs and biologicals used for medication-assisted treatment under Medicaid are subject to the require- ments of the Medicaid Drug Rebate Program. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Strengthening Med- 4 icaid Coverage of MAT Act’’. 5 VerDate Sep 11 2014 23:16 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4674.IS S4674 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4674 IS SEC. 2. INCLUSION IN THE MEDICAID DRUG REBATE PRO- 1 GRAM OF COVERED OUTPATIENT DRUGS 2 USED FOR MEDICATION-ASSISTED TREAT- 3 MENT. 4 (a) IN GENERAL.—Section 1905 of the Social Secu- 5 rity Act (42 U.S.C. 1396d) is amended— 6 (1) in paragraph (29) of subsection (a)— 7 (A) by moving the margin of such para- 8 graph 2 ems to the right; and 9 (B) by striking ‘‘subject to paragraph (2)’’ 10 and inserting ‘‘subject to paragraphs (2) and 11 (3)’’; and 12 (2) in subsection (ee), by adding at the end the 13 following: 14 ‘‘(3) APPLICATION OF REBATE REQUIRE- 15 MENTS.—The requirements of section 1927 shall 16 apply to any drug or biological product described in 17 paragraph (1)(A) that is— 18 ‘‘(A) furnished as medical assistance in ac- 19 cordance with subsection (a)(29) and section 20 1902(a)(10)(A); and 21 ‘‘(B) a covered outpatient drug (as defined 22 in section 1927(k), except that, in applying 23 paragraph (2)(A) of such section to a drug de- 24 scribed in paragraph (1)(A), such drug shall be 25 VerDate Sep 11 2014 23:16 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4674.IS S4674 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4674 IS deemed a prescribed drug for purposes of sub- 1 section (a)(12)).’’. 2 (b) CONFORMING AMENDMENT.—Section 1927(d)(7) 3 of the Social Security Act (42 U.S.C. 1396r–8(d)(7)) is 4 amended by adding at the end the following new subpara- 5 graph: 6 ‘‘(D) Drugs and biological products de- 7 scribed in subsection (ee)(1)(A) of section 1905 8 that are furnished as medical assistance in ac- 9 cordance with subsection (a)(29) of such section 10 and section 1902(a)(10)(A).’’. 11 (c) RETROACTIVE EFFECTIVE DATE.—The amend- 12 ments made by this section shall take effect as if included 13 in the enactment of section 1006(b) of the SUPPORT for 14 Patients and Communities Act (Public Law 115–271; 132 15 Stat. 3914). 16 Æ VerDate Sep 11 2014 23:16 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S4674.IS S4674 pbinns on DSKJLVW7X2PROD with BILLS