Page:United States Statutes at Large Volume 102 Part 1.djvu/752

 102 STAT. 714

PUBLIC LAW 100-360—JULY 1, 1988

(A) in subsection (h)(D, by inserting before the period at the end of the second sentence the following: ", except that, with respect to a supplier of covered outpatient drugs, the term 'participating supplier' means a participating phJarmacy (as defined in subsection (o)(D)"; (B) in subsection (h)(4), is amended by adding at the end the following: "In publishing directories under this paragraph, the Secretary shall provide for separate directories (wherever appropriate) for participating pharmacies."; and (C) by adding at the end the following new subsection: "(o)(1) For purposes of this section, the term 'participating pharmacy* means, with respect to covered outpatient drugs dispensed on or after January 1, 1991, an entity which is authorized under a State law to dispense covered outpatient drugs and which has entered into an agreement with the Secretary, providing at least the following: "(A) The entity agrees to accept payment under this part on an assignment-related basis for all covered outpatient drugs dispensed to an individual entitled to benefits under this part (in this subsection referred to as a 'medicare beneficiary') during a year after— "(i) the Secretary has notified the entity, through the electronic system described in subparagraph (D)(i), or "(ii) in the absence of such a system, the entity is otherwise notified that the Secretary has determined, that the individual has met the catastrophic drug deductible with respect to such drugs under section 1834(c)(l) for the year. "(B) The entity agrees— "(i) not to refuse to dispense covered outpatient drugs stocked by the entity to any medicare beneficiary, and "(ii) not to chai:ge medicare beneficiaries (r^ardless of whether or not the beneficiaries are enrolled under a prepaid health plan or with eligible organization under section 1876) more for such drugs than the amount it chafes to the general public (as determined by the Secretary in r^ulations). "(C) The entity agrees to keep patient records (including records on expenses) for all covered outpatient drugs dispensed to £dl medic£u:« beneficiaries. "(D) The entity agrees to submit information (in a manner specified by the Secretary to be necessary to administer this title) on all purchases of covered outpatient drugs dispensed to medicare beneficiaries. "(E) The entity agrees— "(i) to offer to counsel, or to offer to provide information (consistent with State law respecting the provision of such information) to, each medicare beneficiary on the appropriate use of a drug to be dispensed and whether there are potential interactions between the drug and other drugs dispensed to the beneficiary; and ' (ii) to advise the beneficiary on the availability (consistent with State laws respecting substitution of drugs) of therapeutically equivalent covered outpatient drugs. "(F) The entity agrees to provide the information requested by the Secretary in surveys under section 1834(c)(3)(C)(ii)Nothing in this paragraph shall be construed as requiring a pharmacy operated by an eligible organization (described in scK^tion 1876(b)) or an organization described in section 1833(a)(l)(A) for the

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