Section 1 Short title
This Act may be cited as the “Ensuring Access to Essential Drugs Act”.
Ensuring Access to Essential Drugs Act
A BILL
To amend title XVIII of the Social Security Act to exempt certain drugs from the part D manufacturer discount program under the Medicare program.
Sec. 2 Exempting certain drugs from the part D manufacturer discount program under the Medicare program
in subparagraph (A), by striking “and” at the end;
in subparagraph (B), by striking the period and inserting “; and”; and
by adding at the end the following new subparagraph:
“(C) does not include an orally administered drug—
“(i) for which a new drug application was approved under section 505 of the Federal Food, Drug, and Cosmetic Act; and
“(ii) that has been granted a narrow exception permitting reclassification as a noninnovator multiple source drug under the Medicaid drug rebate program by the Centers for Medicare & Medicaid Services.”