Page:United States Statutes at Large Volume 102 Part 1.djvu/753

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PUBLIC LAW 100-360—JULY 1, 1988

102 STAT. 715

exclusive benefit of its members to dispense covered outpatient drugs to individuals who are not members of the organization. "(2) The Secretary shall provide to each participating pharmacy— "(A) a distinctive emblem (suitable for display to the public) indicating that the pharmacy is a participating pharmacy, and "(B) upon request, such electronic equipment and technical assistance (other than the costs of obtaining, maintaining, or expanding telephone service) as the Secretary determines may be necessary for the pharmacy to submit claims using the electronic system established under paragraph (4). "(3) The Secretary shall provide for periodic audits of participating pharmacies to assure— "(A) compliance with the requirements for participation under this title, and "(B) the accuracy of information submitted by the pharmacies under this title. "(4) The Secretary shall establish, by not later than January 1, 1991, a point-of-sale electronic system for use by carriers and participating pharmacies in the submission of information respecting covered outpatient drugs dispensed to medicare beneficiaries under this part. "(5) Notwithstanding subsection (b)(3)(B), payment for covered outpatient drugs may be made on the bsisis of an assignment described in clause (ii) of that subsection only to a participating pharmacy.". (2) CIVIL MONEY PENALTIES FOR VIOLATION OF PARTICIPATION AGREEMENT, FOR EXCESSIVE CHARGES FOR NONPARTICIPATING PHARMACIES AND FOR FAILURE TO PROVIDE SURVEY INFORMA-

TION.—Section 1128A(a) (42 U.S.C. 1320a-7a(a)) is amended— (A) by striking "or" at the end of paragraph (1), (B) in paragraph (2)(C), by inserting "or to be a participating pharmacy under section 1842(o)" after "1842(h)(l)", (C) by striking ", or" at the end of paragraph (2) and inserting a semicolon, (D) by adding "or" at the end of paragraph (3), and (E) by inserting after paragraph (3) the following new paragraph: "(4) in the case of a participating or nonparticipating pharmacy (as defined for purposes of part B of title XVIII)— "(A) presents or causes to be presented to any person a request for payment for covered outpatient drugs dispensed to an individual entitled to benefits under part B of title XVIII and for which the amount charged by the pharmacy is greater than the amount the pharmacy charges the general public (as determined by the Secretary in regulations), or "(B) fails to provide the information requested by the Secretary in a survey under section 1834(c)(3)(C)(ii);". (d) LIMITATION ON LENGTH OF PRESCRIPTION,—Section 1862(c) (42

U.S.C. 1395y(c)) is amended— (1) by redesignating subparagraphs (A) through (D) of paragraph (1) as clauses (i) through (iv), respectively; (2) in paragraph (2)(A), by striking "paragraph (1)" and inserting "subparagraph (A)"; (3) by redesignating subparagraphs (A) and (B) of paragraph (2) as clauses (i) and (ii), respectively;

Claims.

Science and technology. Communications and telecommunications.

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