Equitable Community Access to Pharmacist Services Act

To amend title XVIII of the Social Security Act to provide pharmacy payment of certain services. 1. Short title This Act may be cited as the Equitable Community Access to Pharmacist Services Act 2. Coverage of pharmacist services under medicare part B (a) Coverage Section 1861(s) of the Social Security Act ( 42 U.S.C. 1395x(s) (1) in paragraph (2)— (A) in subparagraph (II), by striking and (B) in subparagraph (JJ), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (KK) pharmacist services and such services and supplies furnished as an incident to the pharmacist’s service as would otherwise be covered under part B if furnished by a physician or as an incident to a physician’s service that— (i) are furnished by a pharmacist— (I) as licensed under State law; or (II) pursuant to a Federal emergency authority described under section 319F–3 or section 361 of the Public Health Service Act, or other similar Federal law; (ii) would otherwise be covered under part B if furnished by a physician; and (iii) are services— (I) for encounters for the evaluation and management of patients for testing or treatment for COVID–19, influenza, respiratory syncytial virus, or streptococcal pharyngitis; or (II) that address a public health need related to a public health emergency under section 319F–3 or section 361 of the Public Health Service Act, or other similar Federal law. ; and (2) in paragraph (10), in each of subparagraphs (A) and (B), by inserting , including when furnished by a pharmacist (b) Payment Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) (1) by striking and (HH) (HH) (2) by inserting before the semicolon at the end the following: and (II) with respect to pharmacist services described in section 1861(s)(2)(KK), the amounts paid shall be equal to 80 percent of the lesser of (i) the actual charge for the services or (ii) 85 percent (or 100 percent, in the case of such services furnished pursuant to a Federal emergency authority described in clause (i)(II) of such section) of the amount determined under the payment basis under section 1848 for such services. (c) Prohibition on balance billing for pharmacist services Section 1842(b)(18)(C) of the Social Security Act ( 42 U.S.C. 1395u(b)(18)(C) (ix) A pharmacist. . (d) Rule of construction Nothing in this section shall be construed to restrict the ability of pharmacies and pharmacists to enroll and obtain reimbursement under existing pathways under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (e) Implementation authority Notwithstanding any other provision of law, the Secretary of Health and Human Services shall implement the provisions of, and the amendments made by, this section by interim final rule, program instruction, or otherwise not later than the date that is 60 days after the date of the enactment of this Act.

Summary: Equitable Community Access to Pharmacist Services Act This bill expands Medicare coverage to permanently include services provided by a pharmacist, including incidental services and supplies, related to testing, vaccines, and treatment for COVID-19, influenza, and certain other illnesses. Specifically, the bill provides for continued coverage of pharmacist services relating to evaluation and management of patients for testing and treatment for COVID-19, influenza, respiratory syncytial virus (RSV), or streptococcal pharyngitis (strep throat), as well as vaccines for pneumococcal disease, COVID-19, influenza, or hepatitis B. It also generally provides for coverage of pharmacist services during a public health emergency.