Page:United States Statutes at Large Volume 102 Part 1.djvu/742

 102 STAT. 704

PUBLIC LAW 100-360—JULY 1, 1988

"(i) is intravenously administered in a place of residence used as the individual's home, and "(iiXD is an antibiotic drug and the Secretary has not determined, for the specific drug or for the indication to which it is applied, that the drug cannot generally be administered safely and effectively in a home setting, or "(ID is not an antibiotic d n ^ and the Secretary has determined, for the specific drug and the indication for which the drug is being applied, that the drug can generally be administered safely and effectively in a home setting. "(B) Not later than January 1, 1990 (and periodically thereafter), the Secretary shall publish a list of the drugs, and indications for such drugs, that are covered home IV drugs (as defined in subparagraph (A)), with respect to which home intravenous drug therapy may be provided under this title.", (b) DEDUCTIBLE AND PAYMENT AMOUNTS.—Part B is amended— (1) in subsection (a)(1) of section 1833 (42 U.S.C. 13951(b)), as amended by section 411(h)(7)(A)(v)(I) of this Act— (A) by striking "and" before "(L)", and (B) by adding at the end the following: "and (M) with respect to expenses incurred for covered outpatient drugs, the amounts paid shall be the amounts determined under section 1834(c)(2)"; (2) in subsection (a)(2) of such section by inserting "(other than covered outpatient drugs)" after "(2) in the case of services"; (3) in subsection (b) of such section— (A) in clause (1), by inserting "or for covered outpatient drugs" afl«r "1861(s)(10XA)", and (B) in clause (2), by inserting "or with respect to covered outpatient drugs" after "home health services"; and (4) by adding at the end of section 1834 (42 U.S.C. 1395m) the following new subsection: "(c) PAYMENT FOR COVERED OUTPATIENT DRUGS.— "(1) DEDUCTIBLE.— "(A) APPLICATION.—

"(i) IN GENERAL.—Except as provided in clauses (ii) and (iii), payment shall be made under paragraph (2) only with respect to expenses incurred by an individual for covered outpatient drugs during a calendar year on or after such date in the year as the Secretary determines that the individual has incurred expenses in the year for covered outpatient drugs (during a period in which the individual is entitled to benefits under this part) equal to the amount of the catastrophic drug deductible specified in subparagraph (C) for that year. "(ii) DEDUCTIBLE NOT APPLIED FOR POST-HOSPITAL HOME INTRAVENOUS DRUG THERAPY.—The catastrophic drug

deductible established under this paragraph shall not apply to covered home IV drugs dispensed in conjunction with home intravenous drug therapy services which are part of a continuous course of such therapy initiated while the individual was an inpatient in a hospital. "(iii) DEDUCTIBLE NOT APPLIED TO 1ST YEAR IMMUNOSUPPRESSIVES.—The catastrophic drug deductible established under this paragraph shall not apply to

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