I 
108TH CONGRESS 
1ST SESSION H. R. 2874
To amend title 38, United States Code, to provide improved prescription 
drug benefits for veterans. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2003
Ms. HOOLEY of Oregon introduced the following bill; which was referred to 
the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to provide improved 
prescription drug benefits for veterans.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Improving Access to 
Prescription Drug Benefits for Veterans Act of 2003’’. 
SEC. 2. PRESCRIPTION DRUG BENEFIT FOR VETERANS. 
(a) IN GENERAL.—(1) Chapter 17 of title 38, United 
States Code, is amended by inserting after section 1722A 
the following new section:
‘‘§ 1722B. Prescription drug benefit 
‘‘(a) BENEFIT.—The Secretary shall establish a pre-
scription drug benefit program in accordance with this 
section. Under the program, the Secretary shall furnish 
to veterans described in subsection (b) drugs and medi-
cines ordered on prescription of a duly licensed physician 
or other authorized health care professional who is not an 
employee of the Department, subject to the payment of 
any applicable premium and copayment under this section. 
‘‘(b) VETERANS ELIGIBLE FOR BENEFIT.—A veteran 
is eligible to participate in the prescription drug benefit 
program under this section if the veteran—
‘‘(1) is enrolled in the Department health care 
system under section 1705 of this title; 
‘‘(2) seeks an initial appointment with a physi-
cian or other health-care provider of the Department 
to obtain a prescription for drugs or medicines; and 
‘‘(3) either—
‘‘(A) is informed that such an appointment 
may be made only for a date that is more than 
30 days after the date on which the veteran 
makes the contact seeking the appointment; or 
‘‘(B) otherwise, through no responsibility 
of the veteran, does not actually have such an 
appointment within 30 days of the date on
which the veteran makes the contact seeking 
the appointment. 
‘‘(c) ANNUAL PREMIUM AND COPAYMENTS.—(1) The 
Secretary shall by regulation establish an annual premium 
amount that must be paid to the United States by a vet-
eran for drugs and medicines furnished under this section 
each year before such drugs and medicines are furnished 
to that veteran at the expense of the United States that 
year. 
‘‘(2) The Secretary shall by regulation establish an 
amount (known as a ‘copayment’) that must be paid to 
the United States by a veteran for each 30-day supply of 
drugs and medicines furnished under this section. If the 
quantity of such drugs and medicines furnished is less 
than a 30-day supply, the amount of the copayment 
charge may not be reduced. 
‘‘(3) The Secretary may establish different copay-
ment amounts for prescriptions depending on—
‘‘(A) whether they are filled under a generic 
drug name or by brand name; 
‘‘(B) whether or not they are available by mail; 
and 
‘‘(C) whether or not they are on the Depart-
ment’s National Prescription Drug Formulary.
‘‘(4) The amount of the copayment charged for any 
particular prescription—
‘‘(A) may not be less than the amount in effect 
under section 1722A of this title for the copayment 
for medications furnished by the Department on pre-
scription of Department health-care professionals; 
and 
‘‘(B) subject to subparagraph (A), may not ex-
ceed the cost to the Secretary of furnishing the 
drugs or medicine. 
‘‘(d) DISPOSITION OF RECEIPTS.—Any amount re-
ceived under subsection (c) shall be deposited in the De-
partment of Veterans Affairs Medical Care Collections 
Fund. 
‘‘(e) NONLIABILITY.—A health care professional may 
not be considered to be an agent or employee of the United 
States by reason of a prescription of that health care pro-
fessional being furnished by the Secretary under this sec-
tion. 
‘‘(f) INFORMATION RESOURCES.—(1) The Secretary 
shall maintain records of the costs of the program under 
this section. 
‘‘(2) Not later than six years after the date of the 
enactment of this section, the Secretary shall implement 
a computerized patient profile system for participants in
the prescription drug benefit program under this section. 
The patient profile system shall have the capability, for 
each participant in the program, of identifying—
‘‘(A) known drug interactions; 
‘‘(B) contraindicated drugs; 
‘‘(C) available ‘best value’ treatment alter-
natives for prescribed medications; and 
‘‘(D) patient safety issues. 
‘‘(g) ANNUAL REPORT
TO CONGRESS.—The Sec-
retary shall submit to Congress an annual report on the 
operation of this section for each of the first five years 
this section is in effect. Each such report shall include the 
following: 
‘‘(1) The number of participants in the pro-
gram during the year covered by the report and, of 
that number, the number who were new enrollees 
during that year. 
‘‘(2) The cost to the Department of the pro-
gram under this section during the year covered by 
the report. 
‘‘(3) The amount of resources added during the 
year covered by the report to accommodate increased 
workloads by reason of this section. 
‘‘(h) REGULATIONS.—The Secretary shall prescribe 
regulations to carry out this section.’’.
(2) The table of sections at the beginning of such 
chapter is amended by inserting after the item relating 
to section 1722A the following new item:
‘‘1722B. Prescription drug benefit.’’.
(b) EFFECTIVE DATE.—Section 1722B of title 38, 
United States Code, as added by subsection (a), shall take 
effect on the first day of the first month beginning more 
than six months after the date of the enactment of this 
Act.
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