,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #dafi  ,,in ,,the ,,house ,,of  
,,representatives  ,october #ca1        
#bjag,mr4 ,marchant 7for himself1 ,mr4  
,smith of ,missouri1 ,mr4 ,simpson1 and 
,mr4 ,ferguson7 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 ,,xviii of   
the ,social ,security ,act to remove the
 enrollment restriction on certain      
physicians and practitioners prescribing
 covered outpatient drugs under the     
,medicare prescription drug program4    
#a4 ,short title ,this ,act may be cited
 as the ,protecting ,seniors ,access to 
,proper ,care ,act of #bjag4  #b4       
,permitting certain non-enrolled        
physicians or practitioners to prescribe

 covered outpatient drugs under medicare
 part d  7a7 ,in general ,section       
#ahfj;,d-#d of the ,social ,security    
,act 7#db ,u4,s4,c4 #aciew-#ajc7 is     
amended by adding at the end the        
following new subsection3  7m7 ,removal 
of enrollment restriction  7#a7 ,in     
general ,nothing in this title or       
section #fdje7;c7 of the ,patient       
,protection and ,affordable ,care ,act  
shall be construed as authorizing the   
,secretary to require1 as a condition of
 payment by a ,,pdp sponsor for a       
covered part ,d drug that is prescribed 
by an applicable physician or           
practitioner who is authorized under    
,state law to prescribe such drug1 that 
such applicable physician or            
practitioner be enrolled under section  
#ahff7;j74  7#b7 ,applicable physician  
or practitioner defined ,for purposes of
 paragraph 7#a71 the term applicable    
physician or practitioner means an      
eligible professional described in      
section #ahdh7k77#c77;,b7 7other than a 

physician described in section          
#ahfa7r77#a77--  7,a7 who-- 7i7 is not  
excluded under this title or title ,,xi2
  7ii7 is not barred from participating 
in the program under this title for a   
period of time following a revocation   
under section #dbd4ece7;c7 of title #db1
 ,code of ,federal ,regulations 7or any 
successor regulation72 or  7iii7 meets  
other criteria similar to clauses 7i7   
and 7ii7 that may be specified by the   
,secretary2 and  7,b7 who prescribes a  
low volume 7as determined by the        
,secretary7 of such drugs to individuals
 enrolled in plans under this part4  ,in
 determining low volume under           
subparagraph 7,b71 the ,secretary may   
determine low volume differently based  
on the specialty of the applicable      
physician or practitioner4  4  7b7      
,effective date and enforcement delay   
7#a7 ,effective date ,the amendment made
 by subsection 7a7 shall apply to       
covered part ,d drugs prescribed on or  
after ,january #a1 #bjai4  7#b7 ,delay  

in enforcement of enrollment requirement
 until low volume exemption is          
implemented ,the ,secretary shall       
continue not to enforce the enrollment  
requirement under clauses 7ii7 through  
7v7 of section #dbc4abj7;c77#f7 of title
 #db1 ,code of ,federal ,regulations1   
until section #ahfj;,d-#d7m71 as added  
by subsection 7a71 takes effect4