[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4674 Introduced in Senate (IS)]

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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.


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                   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 requirements of the Medicaid Drug Rebate 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 ``Strengthening Medicaid Coverage of 
MAT Act''.

SEC. 2. INCLUSION IN THE MEDICAID DRUG REBATE PROGRAM OF COVERED 
              OUTPATIENT DRUGS USED FOR MEDICATION-ASSISTED TREATMENT.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended--
            (1) in paragraph (29) of subsection (a)--
                    (A) by moving the margin of such paragraph 2 ems to 
                the right; and
                    (B) by striking ``subject to paragraph (2)'' and 
                inserting ``subject to paragraphs (2) and (3)''; and
            (2) in subsection (ee), by adding at the end the following:
            ``(3) Application of rebate requirements.--The requirements 
        of section 1927 shall apply to any drug or biological product 
        described in paragraph (1)(A) that is--
                    ``(A) furnished as medical assistance in accordance 
                with subsection (a)(29) and section 1902(a)(10)(A); and
                    ``(B) a covered outpatient drug (as defined in 
                section 1927(k), except that, in applying paragraph 
                (2)(A) of such section to a drug described in paragraph 
                (1)(A), such drug shall be deemed a prescribed drug for 
                purposes of subsection (a)(12)).''.
    (b) Conforming Amendment.--Section 1927(d)(7) of the Social 
Security Act (42 U.S.C. 1396r-8(d)(7)) is amended by adding at the end 
the following new subparagraph:
                    ``(D) Drugs and biological products described in 
                subsection (ee)(1)(A) of section 1905 that are 
                furnished as medical assistance in accordance with 
                subsection (a)(29) of such section and section 
                1902(a)(10)(A).''.
    (c) Retroactive Effective Date.--The amendments made by this 
section shall take effect as if included in the enactment of section 
1006(b) of the SUPPORT for Patients and Communities Act (Public Law 
115-271; 132 Stat. 3914).
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