[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4741 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4741
To amend title XVIII of the Social Security Act to provide a phase-in
for plasma-derived products under the manufacturer discount program.
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IN THE SENATE OF THE UNITED STATES
July 23, 2024
Mr. Tillis (for himself and Mr. Kelly) 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 provide a phase-in
for plasma-derived products under the manufacturer discount 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 ``Preserving Life-saving Access to
Specialty Medicines in America Act'' or the ``PLASMA Act''.
SEC. 2. PHASE-IN FOR PLASMA-DERIVED PRODUCTS UNDER MANUFACTURER
DISCOUNT PROGRAM.
Section 1860D-14C(g)(4) of the Social Security Act (42 U.S.C.
1395w-114c(g)(4)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``and (C)'' and inserting ``, (C), and (D)'';
(2) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(3) by inserting after subparagraph (C) the following:
``(D) Phase-in for plasma-derived products.--
``(i) In general.--In the case of an
applicable drug that is a plasma-derived
product (as defined in clause (ii)), and that
is marketed as of the date of enactment of this
subparagraph and dispensed for an applicable
beneficiary, the term `discounted price' means
the specified plasma-derived product percent
(as defined in clause (iii)) of the negotiated
price of the applicable drug of the
manufacturer.
``(ii) Plasma-derived product.--In this
subparagraph, the term `plasma-derived product'
means an applicable drug that is a biological
product that is derived from human whole blood
or plasma.
``(iii) Specified plasma-derived product
percent.--In this subparagraph, the term
`specified plasma-derived product percent'
means, with respect to a year--
``(I) for an applicable drug that
is as a plasma-derived product
dispensed for an applicable beneficiary
who has not incurred costs, as
determined in accordance with section
1860D-2(b)(4)(C), for covered part D
drugs in the year that are equal to or
exceed the annual out-of-pocket
threshold specified in section 1860D-
2(b)(4)(B)(i) for the year, the percent
specified under subparagraph
(B)(iii)(I) for such year; and
``(II) for an applicable drug that
is as a plasma-derived product
dispensed for an applicable beneficiary
who has incurred costs, as determined
in accordance with section 1860D-
2(b)(4)(C), for covered part D drugs in
the year that are equal to or exceed
the annual out-of-pocket threshold
specified in section 1860D-
2(b)(4)(B)(i) for the year, the percent
specified under subparagraph
(B)(iii)(II) for such year.''.
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