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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1746 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1746

    To amend title XVIII of the Social Security Act to exempt small 
  pharmacies from certain Medicare accreditation requirements for the 
       purpose of providing diabetic testing strips under part B.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2009

  Mr. Dorgan 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 exempt small 
  pharmacies from certain Medicare accreditation requirements for the 
       purpose of providing diabetic testing strips under part B.

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

SECTION 1. EXEMPTION OF SMALL PHARMACIES PROVIDING DIABETIC TESTING 
              STRIPS FROM CERTAIN MEDICARE ACCREDITATION REQUIREMENTS.

    (a) In General.--Section 1834(a)(20) of the Social Security Act (42 
U.S.C. 1395m(a)(20)) is amended--
            (1) in subparagraph (F)--
                    (A) in clause (i)--
                            (i) by striking ``clause (ii)'' and 
                        inserting ``clauses (ii) and (iii)''; and
                            (ii) by striking ``and'' at the end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                            ``(iii) such standards and the 
                        accreditation requirement of clause (i) shall 
                        not apply to a small pharmacy (as defined in 
                        subparagraph (G)) with respect to the 
                        furnishing of diabetic testing strips.''; and
            (2) by adding at the end the following new subparagraph:
                    ``(G) Definition of small pharmacy.--For purposes 
                of subparagraph (F)(iii), the term `small pharmacy' 
                means a pharmacy--
                            ``(i) with 10 or less distinct locations 
                        under sole or common control or ownership, each 
                        of which has a license specific to that 
                        location; and
                            ``(ii) whose average total sales across all 
                        such locations is less than or equal to--
                                    ``(I) for 2009, $6,500,000; and
                                    ``(II) for a subsequent year, the 
                                dollar amount specified in this clause 
                                for the previous year increased by the 
                                annual percentage increase in the 
                                consumer price index (all items; U.S. 
                                city average) as of June of such 
                                previous year.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of section 154(b)(1)(A) of the 
Medicare Improvements for Patients and Providers Act of 2008 (Public 
Law 110-275; 122 Stat. 2564).
                                 <all>
```