Section 1 Short title
This Act may be cited as the “Ensuring Seniors’ Access to COVID Treatments Act”.
Ensuring Seniors’ Access to COVID Treatments Act
A BILL
To amend title XVIII of the Social Security Act to require coverage under Medicare PDPs and MA–PD plans, without the imposition of cost sharing or utilization management requirements, of drugs intended to treat COVID–19 during certain emergencies.
Sec. 2 Requiring coverage under Medicare PDPs and MA–PD plans, without the imposition of cost sharing or utilization management requirements, of drugs intended to treat COVID–19 during certain emergencies
Coverage requirement—
In general— Section 1860D–4(b)(3) of the Social Security Act (42 U.S.C. 1395w–104(b)(3)) is amended by adding at the end the following new subparagraph:
“(I) Required inclusion of drugs intended to treat COVID–19
“(i) In general—Notwithstanding any other provision of law, a PDP sponsor offering a prescription drug plan shall, with respect to a plan year, any portion of which occurs during the period described in clause (ii), be required to—
“(I) include in any formulary—
“(aa) all covered part D drugs with a medically accepted indication (as defined in section 1860D–2(e)(4)) to treat COVID–19 that are marketed in the United States; and
“(bb) all drugs authorized under section 564 or 564A of the Federal Food Drug and Cosmetic Act to treat COVID–19; and
“(II) not impose any prior authorization or other utilization management requirement with respect to such drugs described in item (aa) or (bb) of subclause (I) (other than such a requirement that limits the quantity of drugs due to safety).
“(ii) Period described—For purposes of clause (i), the period described in this clause is the period during which there exists the public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled “Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus” (including any renewal of such declaration pursuant to such section).”
Elimination of cost sharing—
Elimination of cost sharing for drugs intended to treat COVID–19 under standard and alternative prescription drug coverage— Section 1860D–2 of the Social Security Act (42 U.S.C. 1395w–102) is amended—
in subsection (b)—
in paragraph (1)(A), by striking “The coverage” and inserting “Subject to paragraph (8), the coverage”;
in paragraph (2)—
in subparagraph (A), by inserting after “Subject to subparagraphs (C) and (D)” the following: “and paragraph (8)”;
in subparagraph (C)(i), by striking “paragraph (4)” and inserting “paragraphs (4) and (8)”; and
in subparagraph (D)(i), by striking “paragraph (4)” and inserting “paragraphs (4) and (8)”;
in paragraph (4)(A)(i), by striking “The coverage” and inserting “Subject to paragraph (8), the coverage”; and
by adding at the end the following new paragraph:
“(8) Elimination of cost-sharing for drugs intended to treat COVID–19—The coverage does not impose any deductible, copayment, coinsurance, or other cost-sharing requirement for drugs described in section 1860D–4(b)(3)(I)(i)(I) with respect to a plan year, any portion of which occurs during the period during which there exists the public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled “Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus” (including any renewal of such declaration pursuant to such section).”
in subsection (c), by adding at the end the following new paragraph:
“(4) Same elimination of cost-sharing for drugs intended to treat COVID–19—The coverage is in accordance with subsection (b)(8).”
Elimination of cost sharing for drugs intended to treat COVID–19 dispensed to individuals who are subsidy eligible individuals— Section 1860D–14(a) of the Social Security Act (42 U.S.C. 1395w–114(a)) is amended—
in paragraph (1)—
in subparagraph (D)—
in clause (ii), by striking “In the case of” and inserting “Subject to subparagraph (F), in the case of”; and
in clause (iii), by striking “In the case of” and inserting “Subject to subparagraph (F), in the case of”; and
by adding at the end the following new subparagraph:
“(F) Elimination of cost-sharing for drugs intended to treat COVID–19—Coverage that is in accordance with section 1860D–2(b)(8).”
in paragraph (2)—
in subparagraph (B), by striking “A reduction” and inserting “Subject to subparagraph (F), a reduction”;
in subparagraph (D), by striking “The substitution” and inserting “Subject to subparagraph (F), the substitution”;
in subparagraph (E), by inserting after “Subject to” the following: “subparagraph (F) and”; and
by adding at the end the following new subparagraph:
“(F) Elimination of cost-sharing for drugs intended to treat COVID–19—Coverage that is in accordance with section 1860D–2(b)(8).”
Implementation— Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise.