II 

116TH CONGRESS 

2D SESSION S. 3932 

To direct the Secretary of Defense to carry out a pilot program under 

the TRICARE pharmacy benefits program. 

IN THE SENATE OF THE UNITED STATES 

JUNE 10, 2020 

Mr. ROUNDS introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To direct the Secretary of Defense to carry out a pilot 

program under the TRICARE pharmacy benefits program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘TRICARE Retail 

5 Pharmacy Prescription Medication Expansion Act of 

6 2020’’. 


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1 SEC. 2. PILOT PROGRAM ON RECEIPT OF NON-GENERIC 

2 PRESCRIPTION MAINTENANCE MEDICATIONS 

3 UNDER TRICARE PHARMACY BENEFITS PRO4 GRAM. 

5 (a) REQUIREMENT.—The Secretary of Defense shall 

6 carry out a pilot program under which eligible covered 

7 beneficiaries may elect to receive non-generic prescription 

8 maintenance medications selected under subsection (c) 

9 through military treatment facility pharmacies, retail 

10 pharmacies, or the national mail-order pharmacy program, 

11 notwithstanding section 1074g(a)(9) of title 10, United 

12 States Code. 

13 (b) DURATION.—The Secretary shall carry out the 

14 pilot program for a three-year period beginning not later 

15 than March 1, 2021. 

16 (c) SELECTION OF MEDICATION.—The Secretary 

17 shall select non-generic prescription maintenance medica18 tions described in section 1074g(a)(9)(C)(i) of title 10, 

19 United States Code, to be covered by the pilot program. 

20 (d) USE OF VOLUNTARY REBATES.— 

21 (1) REQUIREMENT.—In carrying out the pilot 

22 program, the Secretary shall seek to renew and mod23 ify contracts described in paragraph (2) in a manner 

24 that— 

25 (A) includes for purposes of the pilot pro26 gram retail pharmacies as a point of sale for 


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1 the non-generic prescription maintenance medi2 cation covered by the contract; and 

3 (B) provides the manufacturer with the op4 tion to provide voluntary rebates for such medi5 cations at retail pharmacies. 

6 (2) CONTRACTS DESCRIBED.—The contracts 

7 described in this paragraph are contracts for the 

8 procurement of non-generic prescription mainte9 nance medications selected under subsection (c) that 

10 are eligible for renewal during the period in which 

11 the pilot program is carried out. 

12 (e) NOTIFICATION.—In providing each eligible cov13 ered beneficiary with an explanation of benefits, the Sec14 retary shall notify the beneficiary of whether the medica15 tion that the beneficiary is prescribed is covered by the 

16 pilot program. 

17 (f) BRIEFING AND REPORTS.— 

18 (1) BRIEFING.—Not later than 90 days after 

19 the date of the enactment of this Act, the Secretary 

20 shall brief the congressional defense committees on 

21 the implementation of the pilot program. 

22 (2) INTERIM REPORT.—Not later than 18 

23 months after the commencement of the pilot pro24 gram, the Secretary shall submit to the congresVerDate Sep 11 2014 04:34 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3932.IS S3932

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1 sional defense committees a report on the pilot pro2 gram. 

3 (3) COMPTROLLER GENERAL REPORT.— 

4 (A) IN GENERAL.—Not later than March 

5 1, 2024, the Comptroller General of the United 

6 States shall submit to the congressional defense 

7 committees a report on the pilot program. 

8 (B) ELEMENTS.—The report required by 

9 subparagraph (A) shall include the following: 

10 (i) The number of eligible covered 

11 beneficiaries who participated in the pilot 

12 program and an assessment of the satisfac13 tion of such beneficiaries with the pilot 

14 program. 

15 (ii) The rate by which eligible covered 

16 beneficiaries elected to receive non-generic 

17 prescription maintenance medications at a 

18 retail pharmacy pursuant to the pilot pro19 gram, and how such rate affected military 

20 treatment facility pharmacies and the na21 tional mail-order pharmacy program. 

22 (iii) The amount of cost savings real23 ized by the pilot program, including with 

24 respect to— 


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1 (I) dispensing fees incurred at re2 tail pharmacies compared to the na3 tional mail-order pharmacy program 

4 for brand name prescription drugs; 

5 (II) administrative fees; 

6 (III) any costs paid by the 

7 United States for the drugs in addi8 tion to the procurement costs; 

9 (IV) the use of military treat10 ment facilities; and 

11 (V) copayments paid by eligible 

12 covered beneficiaries. 

13 (iv) A comparison of supplemental re14 bates between retail pharmacies and other 

15 points of sale. 

16 (g) RULE OF CONSTRUCTION.—Nothing in this sec17 tion may be construed to affect the ability of the Secretary 

18 to carry out section 1074g(a)(9)(C) of title 10, United 

19 States Code, after the date on which the pilot program 

20 is completed. 

21 (h) DEFINITIONS.—In this section: 

22 (1) The term ‘‘eligible covered beneficiary’’ has 

23 the meaning given that term in section 1074g(i) of 

24 title 10, United States Code. 


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1 (2) The terms ‘‘military treatment facility phar2 macies’’, ‘‘retail pharmacies’’, and ‘‘the national 

3 mail-order pharmacy program’’ mean the methods 

4 for receiving prescription drugs as described in 

5 clauses (i), (ii), and (iii), respectively, of section 

6 1074g(a)(2)(E) of title 10, United States Code. 

Æ 


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