Page:United States Statutes at Large Volume 124.djvu/336

 124 STAT. 310 PUBLIC LAW 111–148—MAR. 23, 2010 (2) EFFECTIVE DATE.—The amendments made by this sub- section take effect on January 1, 2010. SEC. 2502. ELIMINATION OF EXCLUSION OF COVERAGE OF CERTAIN DRUGS. (a) IN GENERAL.—Section 1927(d) of the Social Security Act (42 U.S.C. 1397r–8(d)) is amended— (1) in paragraph (2)— (A) by striking subparagraphs (E), (I), and (J), respec- tively; and (B) by redesignating subparagraphs (F), (G), (H), and (K) as subparagraphs (E), (F), (G), and (H), respectively; and (2) by adding at the end the following new paragraph: ‘‘(7) NON-EXCLUDABLE DRUGS.—The following drugs or classes of drugs, or their medical uses, shall not be excluded from coverage: ‘‘(A) Agents when used to promote smoking cessation, including agents approved by the Food and Drug Adminis- tration under the over-the-counter monograph process for purposes of promoting, and when used to promote, tobacco cessation. ‘‘(B) Barbiturates. ‘‘(C) Benzodiazepines.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to services furnished on or after January 1, 2014. SEC. 2503. PROVIDING ADEQUATE PHARMACY REIMBURSEMENT. (a) PHARMACY REIMBURSEMENT LIMITS.— (1) IN GENERAL.—Section 1927(e) of the Social Security Act (42 U.S.C. 1396r–8(e)) is amended— (A) in paragraph (4), by striking ‘‘(or, effective January 1, 2007, two or more)’’; and (B) by striking paragraph (5) and inserting the fol- lowing: ‘‘(5) USE OF AMP IN UPPER PAYMENT LIMITS.—The Secretary shall calculate the Federal upper reimbursement limit estab- lished under paragraph (4) as no less than 175 percent of the weighted average (determined on the basis of utilization) of the most recently reported monthly average manufacturer prices for pharmaceutically and therapeutically equivalent mul- tiple source drug products that are available for purchase by retail community pharmacies on a nationwide basis. The Sec- retary shall implement a smoothing process for average manu- facturer prices. Such process shall be similar to the smoothing process used in determining the average sales price of a drug or biological under section 1847A.’’. (2) DEFINITION OF AMP.—Section 1927(k)(1) of such Act (42 U.S.C. 1396r–8(k)(1)) is amended— (A) in subparagraph (A), by striking ‘‘by’’ and all that follows through the period and inserting ‘‘by— ‘‘(i) wholesalers for drugs distributed to retail community pharmacies; and ‘‘(ii) retail community pharmacies that purchase drugs directly from the manufacturer.’’; and (B) by striking subparagraph (B) and inserting the following: 42 USC 1396r–8 note. 42 USC 256b note.