,i #aadth ,,congress #b;d ,session ,h4 ,r4 #eade ,,in ,,the ,,house ,,of ,,representatives ,april #bi1 #bjaf ,mr4 ,bilirakis 7for himself and ,mr4 ,yarmuth7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 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 title ,,xix of the ,social ,security ,act to exclude abuse-deterrent formulations of prescription drugs from the ,medicaid additional rebate requirement for new formulations of prescription drugs1 and for other purposes4 #a4 ,excluding abuse-deterrent formulations of prescription drugs from the ,medicaid additional rebate requirement for new formulations of prescription drugs 7a7 ,in general ,the last sentence of section #aibg7;c77#b77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;c77#b77;,c77 is amended by inserting before the period at the end the following3 1 but does not include an abuse-deterrent formulation of the drug 7as determined by the ,secretary71 regardless of whether such abuse-deterrent formulation is an extended release formulation4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to drugs that are paid for by a ,state in calendar quarters beginning on or after the date of the enactment of this ,act4 #b4 ,limiting disclosure of predictive modeling and other analytics technologies to identify and prevent waste1 fraud1 and abuse 7a7 ,in general ,title ,,xi of the ,social ,security ,act is amended by inserting after section #aabh;,j 7#db ,u4,s4,c4 #acbj;a-#gk7 the following new section3 #aabh,k4 ,disclosure of predictive modeling and other analytics technologies to identify and prevent waste1 fraud1 and abuse 7a7 ,reference to predictive modeling technologies requirements ,for provisions relating to the use of predictive modeling and other analytics technologies to identify and prevent waste1 fraud1 and abuse with respect to the ,medicare program under title ,,xviii1 the ,medicaid program under title ,,xix1 and the ,children's ,health ,insurance ,program under title ,,xxi1 see section #dbda of the ,small ,business ,jobs ,act of #bjaj 7#db ,u4,s4,c4 #acbj;a-#gm74 7b7 ,limiting disclosure of predictive modeling technologies ,in implementing such provisions under such section #dbda with respect to covered algorithms 7as defined in subsection 7c771 the following shall apply3 7#a7 ,nonapplication of ,,foia ,the covered algorithms used or developed for purposes of such section 7including by the ,secretary or a ,state 7or an entity operating under a contract with a ,state77 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code4 7#b7 ,limitation with respect to use and disclosure of information by ,state agencies 7,a7 ,in general ,a ,state agency may not use or disclose covered algorithms used or developed for purposes of such section except for purposes of administering the ,state plan 7or a waiver of the plan7 under the ,medicaid program under title ,,xix or the ,state child health plan 7or a waiver of the plan7 under the ,children's ,health ,insurance ,program under title ,,xxi1 including by enabling an entity operating under a contract with a ,state to assist the ,state to identify or prevent waste1 fraud and abuse with respect to such programs4 7,b7 ,information security ,a ,state agency shall have in effect data security and control policies that the ,secretary finds adequate to ensure the security of covered algorithms used or developed for purposes of such section #dbda and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures described in subparagraph 7,a74 7,c7 ,procedural requirements ,state agencies to which information is disclosed pursuant to such section #dbda shall adhere to uniform procedures established by the ,secretary4 7c7 ,covered algorithm defined ,in this section1 the term covered algorithm-- 7#a7 means a predictive modeling or other analytics technology1 as used for purposes of section #dbda7;a7 of the ,small ,business ,jobs ,act of #bjaj 7#db ,u4,s4,c4 #acbj;a-#gm7a77 to identify and prevent waste1 fraud1 and abuse with respect to the ,medicare program under title ,,xviii1 the ,medicaid program under title ,,xix1 and the ,children's ,health ,insurance ,program under title ,,xxi2 and 7#b7 includes the mathematical expressions utilized in the application of such technology and the means by which such technology is developed4 4 7b7 ,conforming amendments 7#a7 ,medicaid ,state plan requirement ,section #aijb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77 is amended-- 7,a7 in paragraph 7#hj71 by striking and at the end2 7,b7 in paragraph 7#ha71 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting after paragraph 7#ha7 the following new paragraph3 7#hb7 provide that the ,state agency responsible for administering the ,state plan under this title provides assurances to the ,secretary that the ,state agency is in compliance with subparagraphs 7,a71 7,b71 and 7,c7 of section #aabh,k7b77#b74 4 7#b7 ,state child health plan requirement ,section #bajb7;a77#g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;bb7a77#g77 is amended-- 7,a7 in subparagraph 7,a71 by striking 1 and at the end and inserting a semicolon2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,c7 to ensure that the ,state agency involved is in compliance with subparagraphs 7,a71 7,b71 and 7,c7 of section #aabh,k7b77#b74 4 #c4 ,medicaid ,improvement ,fund ,section #aida7;b77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifw-#a7;b77#a77 is amended to read as follows3 7#a7 ,in general ,there shall be available to the ,fund1 for expenditures from the ,fund for fiscal year #bjba and thereafter1 #e1jjj1jjj4 4