[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3458 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3458

    To amend title XVIII of the Social Security Act to clarify the 
   application of the in-office ancillary services exception to the 
   physician self-referral prohibition for drugs furnished under the 
                           Medicare program.


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                   IN THE SENATE OF THE UNITED STATES

                           December 11, 2023

 Ms. Sinema (for herself and Mrs. Blackburn) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

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                                 A BILL


 
    To amend title XVIII of the Social Security Act to clarify the 
   application of the in-office ancillary services exception to the 
   physician self-referral prohibition for drugs furnished 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 2023''.

SEC. 2. CLARIFYING THE APPLICATION OF THE IN-OFFICE ANCILLARY SERVICES 
              EXCEPTION TO THE PHYSICIAN SELF-REFERRAL PROHIBITION FOR 
              DRUGS FURNISHED UNDER THE MEDICARE PROGRAM.

    (a) In General.--Section 1877(b)(2) of the Social Security Act (42 
U.S.C. 1395nn(b)(2)) is amended by adding at the end the following new 
sentence: ``With respect to services consisting of drugs, and any 
supplies necessary to administer such drugs, furnished on or after May 
11, 2023, the requirement that such drugs and supplies be furnished in 
accordance with subparagraph (A)(ii) in order to qualify as a case 
described in this paragraph shall not apply.''.
    (b) Withdrawal of FAQs.--The Secretary of Health and Human Services 
shall remove the frequently asked questions and answers published on 
the website of the Centers for Medicare & Medicaid Services on 
September 20, 2021, and May 19, 2023, which prohibit or seek to 
prohibit the arrangement described in the amendment made by subsection 
(a) and those frequently asked questions and answers shall be deemed to 
have never been published.
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