,i #aacth ,,congress #ast ,session ,h4 ,r4 #ahja ,,in ,,the ,,house ,,of ,,representatives ,april #bf1 #bjac ,mr4 ,higgins 7for himself1 ,ms4 ,moore1 ,ms4 ,pingree of ,maine1 ,mr4 ,cicilline1 ,mrs4 ,capps1 ,mr4 ,grijalva1 ,ms4 ,wilson of ,florida1 ,mr4 ,hastings of ,florida1 ,mr4 ,king of ,new ,york1 ,mr4 ,rangel1 ,mr4 ,larsen of ,washington1 ,mr4 ,mc,govern1 ,mr4 ,peters of ,california1 ,mr4 ,wolf1 ,mr4 ,moran1 and ,mr4 ,farr7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,ways and ,means and ,education and the ,workforce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,employee ,retirement ,income ,security ,act of #aigd1 the ,public ,health ,service ,act1 and the ,internal ,revenue ,code of #aihf to require group and individual health insurance coverage and group health plans to provide for coverage of oral anticancer drugs on terms no less favorable than the coverage provided for anticancer medications administered by a health care provider4 #a4 ,short title ,this ,act may be cited as the ,cancer ,drug ,coverage ,parity ,act of #bjac4 #b4 ,parity in coverage for oral anticancer drugs 7a7 ,employee ,retirement ,income ,security ,act of #aigd amendments 7#a7 ,subpart ,b of part #g of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd is amended by adding at the end the following new section3 #gaf4 ,parity in coverage for oral anticancer drugs 7a7 ,in general ,subject to subsection 7b71 a group health plan1 and a health insurance issuer providing health insurance coverage in connection with a group health plan1 that provides benefits with respect to anticancer medications administered by a health care provider shall provide for no less favorable coverage for prescribed1 patient-administered anticancer medications that are used to kill1 slow1 or prevent the growth of cancerous cells and that have been approved by the ,food and ,drug ,administration4 7b7 ,limitation ,subsection 7a7 shall only apply to an anticancer medication that is prescribed based on a finding by the treating physician that the medication-- 7#a7 is medically necessary for the purpose of killing1 slowing1 or preventing the growth of cancerous cells2 or 7#b7 is clinically appropriate in terms of type1 frequency1 extent site1 and duration4 7c7 ,application of cost-,sharing and restrictions 7#a7 ,in general ,the coverage of anticancer medication under subsection 7a7 may be subject to annual deductibles and coinsurance or copayments so long as such deductibles1 coinsurance1 and copayments do not exceed the deductibles1 coinsurance1 and copayments that are applicable to anticancer medications administered by a health care provider under the plan or coverage for the same purpose4 7#b7 ,restriction ,a group health plan or health insurance issuer may not1 in order to comply with the requirement of subsection 7a7-- 7,a7 impose an increase in out-of-pocket costs with respect to anticancer medications2 7,b7 reclassify benefits with respect to anticancer medications2 or 7,c7 apply more restrictive limitations on prescribed orally-administered anticancer medications or intravenously administered or injected anticancer medications4 7d7 ,application of notice1 prohibitions1 etc ,the provisions of subsections 7b71 7c71 7d71 and 7e77#b7 of section #gac shall apply with respect to the coverage required by subsection 7a7 in the same manner as they apply with respect to the coverage required under such section1 except that ,january #a1 #bjad1 shall be substituted for the date referred to in subsection 7b77#c7 of such section4 7e7 ,construction ,nothing in this section shall be construed-- 7#a7 to require the use of orally-administered anticancer medications as a replacement for other anticancer medications2 or 7#b7 to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy4 4 7#b7 ,section #gca7;c7 of such ,act 7#bi ,u4,s4,c4 #aaia7;c77 is amended by striking section #gaa and inserting sections #gaa and #gaf4 7#c7 ,section #gcb7;a7 of such ,act 7#bi ,u4,s4,c4 #aaia;a7a77 is amended by striking section #gaa and inserting sections #gaa and #gaf4 7#d7 ,the table of contents in section #a of such ,act is amended by inserting after the item relating to section #gad the following new items3 ,sec4 #gae4 ,additional market reforms4 ,sec4 #gaf4 ,parity in coverage for oral anticancer drugs4 4 7b7 ,public health service act amendments 7#a7 ,title ,,xxvii of the ,public ,health ,service ,act is amended by inserting after section #bgbh 7#db ,u4,s4,c4 #cjj;gg-#bh71 as redesignated by section #ajja7b7 of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh71 the following new section3 #bgbi4 ,parity in coverage for oral anticancer drugs 7a7 ,in general ,subject to subsection 7b71 a group health plan1 and a health insurance issuer offering health insurance coverage1 that provides benefits with respect to anticancer medications administered by a health care provider shall provide for no less favorable coverage for prescribed1 patient-administered anticancer medications that are used to kill1 slow1 or prevent the growth of cancerous cells and that have been approved by the ,food and ,drug ,administration4 7b7 ,limitation ,subsection 7a7 shall only apply to an anticancer medication that is prescribed based on a finding by the treating physician that the medication-- 7#a7 is medically necessary for the purpose of killing1 slowing1 or preventing the growth of cancerous cells2 or 7#b7 is clinically appropriate in terms of type1 frequency1 extent site1 and duration4 7c7 ,application of cost-,sharing and restrictions 7#a7 ,in general ,the coverage of anticancer medication under subsection 7a7 may be subject to annual deductibles and coinsurance or copayments so long as such deductibles1 coinsurance1 and copayments do not exceed the deductibles1 coinsurance1 and copayments that are applicable to anticancer medications administered by a health care provider under the plan or coverage for the same purpose4 7#b7 ,restriction ,a group health plan or health insurance issuer may not1 in order to comply with the requirement of subsection 7a7-- 7,a7 impose an increase in out-of-pocket costs with respect to anticancer medications2 7,b7 reclassify benefits with respect to anticancer medications2 or 7,c7 apply more restrictive limitations on prescribed orally-administered anticancer medications or intravenously administered or injected anticancer medications4 7d7 ,application of notice1 prohibitions1 etc ,the provisions of subsections 7b71 7c71 7d71 and 7e77#b7 of section #gac of the ,employee ,retirement and ,income ,security ,act of #aigd shall apply with respect to the coverage required by subsection 7a7 in the same manner as they apply with respect to the coverage required under such section1 except that ,january #a1 #bjad1 shall be substituted for the date referred to in subsection 7b77#c7 of such section4 7e7 ,construction ,nothing in this section shall be construed-- 7#a7 to require the use of orally-administered anticancer medications as a replacement for other anticancer medications2 or 7#b7 to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy4 4 7#b7 ,section #bgbd7;c7 of such ,act 7#db ,u4,s4,c4 #cjj;gg-#bc7;c771 as redesignated by section #ajja7d7 and subsection 7c77#ad7 of the section #aefc 7relating to conforming amendments7 of ,public ,law #aaa-adh1 is amended by striking section #bgjd and inserting sections #bgbe and #bgbi4 7#c7 ,section #bgfb7;b77#b7 of such ,act 7#db ,u4,s4,c4 #cjj;gg-#fb7;b77#b77 is amended by striking section #bgea and inserting sections #bgea and #bgbi4 7#d7 ,for purposes of applying section #bgbi of the ,public ,health ,service ,act1 as inserted by paragraph 7#a71 to individual health insurance coverage before #bjad1 the provisions of such section shall be treated as also included under part ,b of title ,,xxvii of the ,public ,health ,service ,act4 7c7 ,internal revenue code amendments 7#a7 ,in general ,subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as amended by subsection 7f7 of the section #aefc 7relating to conforming amendments7 of ,public ,law #aaa-adh1 is amended by adding at the end the following new section3 #ihaf4 ,parity in coverage for oral anticancer drugs 7a7 ,in general ,subject to subsection 7b71 a group health plan that provides benefits with respect to anticancer medications administered by a health care provider shall provide for no less favorable coverage for prescribed1 patient-administered anticancer medications that are used to kill1 slow1 or prevent the growth of cancerous cells and that have been approved by the ,food and ,drug ,administration4 7b7 ,limitation ,subsection 7a7 shall only apply to an anticancer medication that is prescribed based on a finding by the treating physician that the medication-- 7#a7 is medically necessary for the purpose of killing1 slowing1 or preventing the growth of cancerous cells2 or 7#b7 is clinically appropriate in terms of type1 frequency1 extent site1 and duration4 7c7 ,application of cost-,sharing and restrictions 7#a7 ,in general ,the coverage of anticancer medication under subsection 7a7 may be subject to annual deductibles and coinsurance or copayments so long as such deductibles1 coinsurance1 and copayments do not exceed the deductibles1 coinsurance1 and copayments that are applicable to anticancer medications administered by a health care provider under the plan for the same purpose4 7#b7 ,restriction ,a group health plan may not1 in order to comply with the requirement of subsection 7a7-- 7,a7 impose an increase in out-of-pocket costs with respect to anticancer medications2 7,b7 reclassify benefits with respect to anticancer medications2 or 7,c7 apply more restrictive limitations on prescribed orally-administered anticancer medications or intravenously administered or injected anticancer medications4 7d7 ,application of notice1 prohibitions1 etc ,the provisions of subsections 7b71 7c71 7d71 and 7e77#b7 of section #gac of the ,employee ,retirement and ,income ,security ,act of #aigd shall apply with respect to the coverage required by subsection 7a7 in the same manner as they apply with respect to the coverage required under such section1 except that ,january #a1 #bjad1 shall be substituted for the date referred to in subsection 7b77#c7 of such section4 7e7 ,construction ,nothing in this section shall be construed-- 7#a7 to require the use of orally-administered anticancer medications as a replacement for other anticancer medications2 or 7#b7 to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy4 4 7#b7 ,clerical amendment ,the table of sections for such subchapter is amended by adding at the end the following new items3 ,sec4 #ihae4 ,additional market reforms4 ,sec4 #ihaf4 ,parity in coverage for oral anticancer drugs4 4 7d7 ,clarifying amendment regarding application to grandfathered plans ,section #abea7;a77#d77;,a7 of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh2 #db ,u4,s4,c4 #ahjaa7;a77#d77;,a771 as added by section #bcja7;a7 of ,public ,law #aaa-aeb1 is amended by adding at the end the following new clause3 7v7 ,section #bgbi1 as added by section #b7;b7 of the ,cancer ,drug ,coverage ,parity ,act of #bjac4 4 7e7 ,effective date ,the amendments made by this section shall apply with respect to group health plans for plan years beginning on or after ,january #a1 #bjad1 and with respect to health insurance coverage offered1 sold1 issued1 renewed1 in effect1 or operated in the individual market on or after such date4 7f7 ,study ,not later than #b years after the date of the enactment of this ,act-- 7#a7 the ,medicare ,payment ,advisory ,commission shall complete a study that assesses how closing the ,medicare part ,d donut hole under the amendments made by section #ccja of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh71 as amended by section #aaja of the ,health ,care and ,education ,reconciliation ,act of #bjaj 7,public ,law #aaa-aeb71 affects ,medicare coverage for orally administered anticancer medications1 with a particular focus on cost and accessibility2 and 7#b7 submit a report to ,congress on the results of such study4