,,ii  #aahth ,,congress  #ast ,session  
,s4 #bdje  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bj1     
#bjbc ,mr4 ,thune 7for himself1 ,mr4    
,brown1 ,mr4 ,barrasso1 and ,ms4        
,stabenow7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on ,finance  ,a ,,bill
  ,to amend title ,,xviii of the ,social
 ,security ,act to assure pharmacy      
access and choice for ,medicare         
beneficiaries4  #a4 ,short title ,this  
,act may be cited as the ,strengthening 
,pharmacy ,access for ,seniors ,act4    
#b4 ,assuring pharmacy access and choice
 for ,medicare beneficiaries ,section   
#ahfj;,d-#d7;b77#a7 of the ,social      
,security ,act 7#db ,u4,s4,c4           
#aciew-#ajd7;b77#a77 is amended by      
adding at the end the following new     
subparagraph3  7,f7 ,limited access     
drugs  7i7 ,limitation on restrictions  
or limits on access ,for each plan year 
7beginning with plan year #bjbf71 a     
,,pdp sponsor offering a prescription   

drug plan or pharmacy benefit manager-- 
7,i7 may not restrict or limit access to
 any covered part ,d drug to a subset of
 their network pharmacies1 other than   
with respect to a limited access drug1  
as defined in clause 7v72 and  7,,ii7   
shall record in writing the rationale   
for why a covered part ,d drug meets the
 definition of a limited access drug    
under clause 7v7 and maintain written   
records of any such rationales1 if such 
plan restricts or limits access to a    
limited access drug to a subset of      
network pharmacies4  7ii7 ,annual       
submission of information to the        
secretary on limited access drugs ,for  
each plan year 7beginning with plan year
 #bjbf71 each ,,pdp sponsor offering a  
prescription drug plan shall submit to  
the ,secretary1 at a time and in a      
manner specified by the ,secretary1 with
 respect to each prescription drug plan 
offered by the sponsor during such plan 
year--  7,i7 a list of all covered part 
,d drugs that the ,,pdp sponsor         

designated as a limited access drug2    
7,,ii7 the written rationales for why   
any covered part ,d drugs listed under  
subclause 7,i7 meet the definition of a 
limited access drug2  7,,iii7 the       
requirements imposed on network         
pharmacies to ensure appropriate        
handling and dispensing of the covered  
part ,d drugs listed under subclause    
7,i72  7,,iv7 the percentages of covered
 part ,d drugs listed under subclause   
7,i7 that are dispensed through retail  
pharmacies1 specialty pharmacies1 mail  
order pharmacies1 or other dispensing   
channels as defined by the ,,pdp        
sponsor1 respectively1 during the most  
recent plan year for which such data are
 available2  7,v7 the annual percentage 
of covered part ,d drugs listed under   
subclause 7,i7 that are dispensed       
through pharmacies wholly or partially  
owned by1 or otherwise affiliated with  
7such as through common ownership71 the 
plan or pharmacy benefit manager2 and   
7,,vi7 any other information determined 

appropriate by the ,secretary4  7iii7   
,pharmacy access to limited access drug 
information ,for plan years beginning   
with plan year #bjbf1 upon the request  
of a network pharmacy1 a ,,pdp sponsor  
of a prescription drug plan 7or a       
pharmacy benefit manager acting on      
behalf of such sponsor7 shall present   
such pharmacy1 on a timely basis 7as    
determined by the ,secretary71 with     
information specific to any covered part
 ,d drug listed under subclause 7,,ii7  
of clause 7i7 of this subparagraph1     
along with the rationale for its        
designation as a limited access drug 7as
 described in subclause 7,,ii7 of clause
 7ii77 and the requirements imposed with
 respect to such drug 7as described in  
subclause 7,,iii7 of clause 7ii774 ,any 
,,pdp sponsor or pharmacy benefit       
manager that provides false information 
upon such a request or that fails to    
provide the information requested on a  
timely basis shall be found in violation
 of this subsection4  7iv7 ,,hhs annual 

report on limited access drugs ,not     
later than ,december #ca1 #bjbg1 and    
annually thereafter1 the ,secretary     
shall submit to the ,committee on       
,finance of the ,senate1 and the        
,committee on ,ways and ,means and the  
,committee on ,energy and ,commerce of  
the ,house of ,representatives a report 
on compliance by ,,pdp sponsors with the
 requirements under this subparagraph4  
,each such report shall include--  7,i7 
a description of the patterns1 trends1  
variations1 and rationales for the      
designation by ,,pdp sponsors of certain
 covered part ,d drugs as limited access
 drugs described in clause 7v71 and the 
implications of such designations on    
beneficiary access to such covered part 
,d drugs2  7,,ii7 a description of the  
information submitted to the ,secretary 
under clause 7ii7 7in a manner that does
 not disclose the identity of a         
pharmacy1 a ,,pdp sponsor1 a            
prescription drug plan1 or pharmacy     
benefit manager1 or any proprietary     

pricing information72 and  7,,iii7 any  
other information determined appropriate
 by the ,secretary4  7v7 ,limited access
 drug defined ,in this subparagraph1 the
 term limited access drug means a       
covered part ,d drug that meets at least
 one of the following3  7,i7 ,the ,food 
and ,drug ,administration has restricted
 distribution of such covered part ,d   
drug to certain facilities or           
physicians4  7,,ii7 ,the dispensing of  
such covered part ,d drug requires      
extraordinary special handling1 provider
 coordination1 or patient education that
 cannot be met by a network pharmacy4  4