H.R. 7838 — Introduced in House

I 116th CONGRESS 2d Session H. R. 7838 IN THE HOUSE OF REPRESENTATIVES July 29, 2020Ms. Matsui (for herself and Mr. Stewart) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for certain temporary waivers with respect to the 340B drug discount program due to the COVID–19 public health emergency, and for other purposes. 1. Temporary waivers with respect to the 340B drug discount program due to the COVID–19 public health emergency (a) Temporary waiver of minimum disproportionate share adjustment percentage requirement for certain covered entities In the case of an entity that met the requirements of a covered entity described in subparagraph (L), (M), or (O) of section 340B(a)(4) of the Public Health Service Act (42 U.S.C. 256b(a)(4)), and that was participating or had applied to participate in the drug discount program under such section 340B, as of the day before the emergency period went into effect, the Secretary of Health and Human Services shall, for each calendar quarter with respect to which eligibility for such drug discount program is based on a cost reporting period during any portion of which such emergency period is in effect, deem such entity as continuing to meet the minimum disproportionate share adjustment percentage requirement applicable to such entity under such subparagraph (L), (M), or (O), as the case may be. (b) Temporary waiver of prohibition on obtaining covered outpatient drugs through group purchasing organizations for certain covered entities During the emergency period, a covered entity described in subparagraph (L) or (M) of section 340B(a)(4) of the Public Health Service Act (42 U.S.C. 256b(a)(4)) may, notwithstanding clause (iii) of such subparagraph (L), obtain covered outpatient drugs through a group purchasing organization or other group purchasing arrangement. (c) Emergency period defined For purposes of this section, the term emergency period means the period during which there exists the public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act on January 31, 2020, with respect to COVID–19.