Page:United States Statutes at Large Volume 102 Part 1.djvu/757

 PUBLIC LAW 100-360—JULY 1, 1988

102 STAT. 719

than June 1, 1989, or, if later, 60 days after the date of providing data requested under paragraph (I)(B), the Director's estimate of the outlays which wHl be made (in each of fiscal years 1990, 1991, 1992, and 1993) under the medicare program for covered outpatient drugs (under the amendments made by this section), (j) PRESCRipnoN DRUG PAYMENT REVIEW (Ik)MMissiON.—Part B is amended by adding at the end the following new section: PRESCRIPTION DRUG PAYMENT REVIEW COMMISSION

"SEC. 1847. (a)(1) The Director of the Congressional Office of Technol<^y Assessment (in this section referred to as the 'Director' and the 'Office', respectively) shall provide for the appointment of a Prescription Drug Payment Review Commission (in this section referred to as the 'Commission'), to be composed of individuals with expertise in the provision and financing of covered outpatient drugs appointed by the Director (without regsuxl to the provisions of title 5, United States Code, governing appointments in the competitive service). "(2) The Commission shall consist of 11 individuals. Members of the (Jommission shall first be appointed by no later than January 1, 1989, for a term of 3 years, except that the Director may provide initially for such shorter terms as will insure that (on a continuing basis) the terms of no more than 4 members expire in any one year. "(3) The membership of the Commission shall include recc^nized experts in the fielcte of health care economics, medicine, pharmacology, pharmacy, and prescription drug reimbursement, as well as at least one individual who is a medicare beneficiary. "(b)(1) The (Commission shall submit to 0)ngress an annual report no later than May 1 of each year, b ^ i n n i n g with 1990, concerning methods of determining payment for covered outpatient drugs under this part. "(2) Such report, in 1992 and thereafter, shall include, with respect to the previous year, information on— "(A) increases in manufacturers' prices for covered outpatient drugs and in charges of pharmacists for covered outpatient drugs, "(B) the level of utilization of covered outpatient drugs by medicare beneficiaries, and "(C) administrative costs relating to covered outpatient drugs. "(3) Such report, in 1992 and thereafter, shall include comments on the budgetary status of the Federal dJatastrophic Drug Insurance Trust Fund and recommendations for any reductions in outlays that may be required to achieve the contingency margin (established under section 1841A(d) for the following year), taking into account each of the causes of increased or unanticipated outlays for covered outpatient drugs in the year. "(c) Section 1845(c)(l) shall apply to the (Dommission in the same maimer as it applies to the Physician Payment Review (Dommission. "(d) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. Such sums shall be payable from the Federal (Ilatastrophic Drug Insuremce Trust Fund.'^'. (k) ADDITIONAL STUDIES.—

(1) HHS.—The Secretary of Health and Human Services (in this section referred to as the "Secretary") shall conduct t i e

42 USC i395w-3.

Reports.

Appropriation authorization.

Reports. 42 USC 1395m note.

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