II 

118TH CONGRESS 

2D SESSION S. 4741 

To amend title XVIII of the Social Security Act to provide a phase-in 

for plasma-derived products under the manufacturer discount program. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2024 

Mr. TILLIS (for himself and Mr. KELLY) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to provide 

a phase-in for plasma-derived products under the manufacturer discount 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 ‘‘Preserving Life-saving 

5 Access to Specialty Medicines in America Act’’ or the 

6 ‘‘PLASMA Act’’. 

7 SEC. 2. PHASE-IN FOR PLASMA-DERIVED PRODUCTS UNDER 

8 MANUFACTURER DISCOUNT PROGRAM. 

9 Section 1860D–14C(g)(4) of the Social Security Act 

10 (42 U.S.C. 1395w–114c(g)(4)) is amended— 


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•S 4741 IS

1 (1) in subparagraph (A), in the matter pre2 ceding clause (i), by striking ‘‘and (C)’’ and insert3 ing ‘‘, (C), and (D)’’; 

4 (2) by redesignating subparagraphs (D) and 

5 (E) as subparagraphs (E) and (F), respectively; and 

6 (3) by inserting after subparagraph (C) the fol7 lowing: 

8 ‘‘(D) PHASE-IN FOR PLASMA-DERIVED

9 PRODUCTS.— 

10 ‘‘(i) IN GENERAL.—In the case of an 

11 applicable drug that is a plasma-derived 

12 product (as defined in clause (ii)), and that 

13 is marketed as of the date of enactment of 

14 this subparagraph and dispensed for an 

15 applicable beneficiary, the term ‘discounted 

16 price’ means the specified plasma-derived 

17 product percent (as defined in clause (iii)) 

18 of the negotiated price of the applicable 

19 drug of the manufacturer. 

20 ‘‘(ii) PLASMA-DERIVED PRODUCT.—In 

21 this subparagraph, the term ‘plasma-de22 rived product’ means an applicable drug 

23 that is a biological product that is derived 

24 from human whole blood or plasma. 


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•S 4741 IS

1 ‘‘(iii) SPECIFIED PLASMA-DERIVED

2 PRODUCT PERCENT.—In this subpara3 graph, the term ‘specified plasma-derived 

4 product percent’ means, with respect to a 

5 year— 

6 ‘‘(I) for an applicable drug that 

7 is as a plasma-derived product dis8 pensed for an applicable beneficiary 

9 who has not incurred costs, as deter10 mined in accordance with section 

11 1860D–2(b)(4)(C), for covered part D 

12 drugs in the year that are equal to or 

13 exceed the annual out-of-pocket 

14 threshold specified in section 1860D– 

15 2(b)(4)(B)(i) for the year, the percent 

16 specified under subparagraph 

17 (B)(iii)(I) for such year; and 

18 ‘‘(II) for an applicable drug that 

19 is as a plasma-derived product dis20 pensed for an applicable beneficiary 

21 who has incurred costs, as determined 

22 in accordance with section 1860D– 

23 2(b)(4)(C), for covered part D drugs 

24 in the year that are equal to or exceed 

25 the annual out-of-pocket threshold 


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•S 4741 IS

1 specified in section 1860D– 

2 2(b)(4)(B)(i) for the year, the percent 

3 specified under subparagraph 

4 (B)(iii)(II) for such year.’’. 

Æ 


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