I 

118TH CONGRESS 

2D SESSION H. R. 9365 

To amend title XVIII of the Social Security Act to provide for coverage 

under the Medicare program of pharmacist services. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 16, 2024 

Mr. DAVIS of North Carolina (for himself and Mr. NUNN of Iowa) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce, and in addition to the Committee on Ways and Means, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to provide 

for coverage under the Medicare program of pharmacist 

services. 

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 ‘‘Pharmacy and Medi5 cally Underserved Areas Enhancement Act’’. 

6 SEC. 2. MEDICARE COVERAGE OF PHARMACIST SERVICES. 

7 (a) COVERAGE.—Section 1861(s)(2) of the Social Se8 curity Act (42 U.S.C. 1395x(s)(2)) is amended— 


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1 (1) in subparagraph (II), by striking ‘‘and’’ at 

2 the end; 

3 (2) in subparagraph (JJ), by inserting ‘‘and’’ 

4 at the end; and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(KK) pharmacist services furnished by a phar8 macist, as licensed by State law, individually or on 

9 behalf of a pharmacy provider— 

10 ‘‘(i) which the pharmacist is legally author11 ized to perform in the State in which the indi12 vidual performs such services; 

13 ‘‘(ii) as would otherwise be covered under 

14 this part if furnished by a physician, or as an 

15 incident to a physician’s service; and 

16 ‘‘(iii) in a setting located in a health pro17 fessional shortage area (as defined in section 

18 332(a)(1)(A) of the Public Health Service Act), 

19 medically underserved area, or medically under20 served population (as defined in section 

21 330(b)(3) of such Act);’’. 

22 (b) PAYMENT.—Section 1833(a)(1) of the Social Se23 curity Act (42 U.S.C. 1395l(a)(1)) is amended— 

24 (1) by striking ‘‘and (HH)’’ and inserting 

25 ‘‘(HH)’’; and 


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1 (2) by inserting before the semicolon at the end 

2 the following: ‘‘, and (II) with respect to pharmacist 

3 services (as defined in section 1861(s)(2)(KK)), the 

4 amounts paid shall be equal to 80 percent of the 

5 lesser of the actual charge or 85 percent of the fee 

6 schedule amount provided under section 1848 if 

7 such services had been furnished by a physician’’. 

8 (c) EFFECTIVE DATE; PHARMACIST SPECIFIC

9 CODES.— 

10 (1) EFFECTIVE DATE.—The amendments made 

11 by subsections (a) and (b) shall apply with respect 

12 to services furnished on or after January 1, 2024. 

13 (2) PHARMACIST SPECIFIC CODES.—The Sec14 retary of Health and Human Services shall develop 

15 pharmacist specific codes, as necessary, under the 

16 physician fee schedule under section 1848 of the So17 cial Security Act (42 U.S.C. 1395w–4). 

Æ 


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