Page:United States Statutes at Large Volume 117.djvu/2274

 PUBLIC LAW 108–173—DEC. 8, 2003

117 STAT. 2255

(i) in the heading, by inserting ‘‘AND MANUFACTURER’S AVERAGE SALES PRICE’’ after ‘‘PRICE’’; and (ii) by inserting ‘‘and manufacturer’s average sales prices (including wholesale acquisition cost) if required to make payment’’ after ‘‘manufacturer prices’’; and (D) in subsection (b)(3)(D)— (i) in the matter preceding clause (i), by inserting ‘‘(other than the wholesale acquisition cost for purposes of carrying out section 1847A)’’ after ‘‘subsection (a)(6)(A)(ii)’’; and (ii) in clause (i), by inserting ‘‘, to carry out section 1847A (including the determination and implementation of the payment amount), or to carry out section 1847B’’ after ‘‘this section’’. (5) IMPLEMENTATION.—The provisions of chapter 8 of title 5, United States Code, shall not apply with respect to regulations implementing the amendments made by subsections (a), (b), and (e)(3), to regulations implementing section 304, and to regulations implementing the amendment made by section 305(a), insofar as such regulations apply in 2004. (6) REPEAL OF STUDY.—Section 4556 of the Balanced Budget Act of 1997 (42 U.S.C. 1395u note) is amended by striking subsection (c). (j) APPLICATION TO CERTAIN PHYSICIAN SPECIALTIES.—Insofar as the amendments made by this section apply to payments for drugs or biologicals and drug administration services furnished by physicians, such amendments shall only apply to physicians in the specialties of hematology, hematology/oncology, and medical oncology under title XVIII of the Social Security Act. SEC. 304. EXTENSION OF APPLICATION OF PAYMENT REFORM FOR COVERED OUTPATIENT DRUGS AND BIOLOGICALS TO OTHER PHYSICIAN SPECIALTIES.

42 USC 1395u note.

42 USC 1395u note.

42 USC 1395u note.

Notwithstanding section 303(j), the amendments made by section 303 shall also apply to payments for drugs or biologicals and drug administration services furnished by physicians in specialties other than the specialties of hematology, hematology/oncology, and medical oncology. SEC. 305. PAYMENT FOR INHALATION DRUGS.

(a) IN GENERAL.—Section 1842(o)(1)(G) (42 U.S.C. 1395u(o)(1)(G)), as added by section 303(b), is amended to read as follows: ‘‘(G) In the case of inhalation drugs or biologicals furnished through durable medical equipment covered under section 1861(n) that are furnished— ‘‘(i) in 2004, the amount provided under paragraph (4) for the drug or biological; and ‘‘(ii) in 2005 and subsequent years, the amount provided under section 1847A for the drug or biological.’’. (b) GAO STUDY OF MEDICARE PAYMENT FOR INHALATION THERAPY.— (1) STUDY.—The Comptroller General of the United States shall conduct a study to examine the adequacy of current reimbursements for inhalation therapy under the medicare program. (2) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit

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