I 
115TH CONGRESS 
1ST SESSION H. R. 4392 
To provide that the provision of the Medicare Program: Hospital Outpatient 
Prospective Payment and Ambulatory Surgical Center Payment Systems 
and Quality Reporting Programs final regulation relating to changes 
in the payment amount for certain drugs and biologicals purchased 
under the 340B drug discount program shall have no force or effect, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 14, 2017 
Mr. MCKINLEY (for himself, Mr. THOMPSON of California, Mr. JOHNSON of 
Ohio, Mr. KUSTOFF of Tennessee, Mr. COURTNEY, and Ms. CASTOR of 
Florida) introduced the following bill; which was referred to the Com-
mittee 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 provide that the provision of the Medicare Program: 
Hospital Outpatient Prospective Payment and Ambula-
tory Surgical Center Payment Systems and Quality Re-
porting Programs final regulation relating to changes 
in the payment amount for certain drugs and biologicals 
purchased under the 340B drug discount program shall 
have no force or effect, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. TREATMENT OF CERTAIN MEDICARE HOSPITAL 
OUTPATIENT 
PAYMENTS 
FOR 
CERTAIN 
DRUGS; OPPS BUDGET NEUTRALITY ADJUST-
MENT. 
(a) PREVENTING IMPLEMENTATION OF MEDICARE 
HOSPITAL OUTPATIENT PAYMENT CHANGES FOR HOS-
PITALS THAT PURCHASE DRUGS UNDER 340B DRUG 
DISCOUNT PROGRAM.—Beginning on the date of the en-
actment of this Act, the Secretary of Health and Human 
Services shall not take any action to implement, admin-
ister, or enforce the provision of the final regulation titled 
the Medicare Program: Hospital Outpatient Prospective 
Payment and Ambulatory Surgical Center Payment Sys-
tems and Quality Reporting Programs published on No-
vember 13, 2017 (82 Fed. Reg. 52356 et seq.), that would 
change the payment amount under the Prospective Pay-
ment System for Hospital Outpatient Department Serv-
ices under section 1833(t) of the Social Security Act (42 
U.S.C. 1395l(t)) for separately payable, nonpass-through 
drugs and biologicals purchased under the drug discount 
program under section 340B of the Public Health Service 
Act (42 U.S.C. 256b). The payment amount under such 
payment system under such section 1833(t) for such a 
drug or biological shall be determined through the same 
methodology as if such final regulation did not apply. 
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(b) OPPS BUDGET NEUTRALITY ADJUSTMENT.— 
The first sentence of section 1833(t)(9)(B) of the Social 
Security Act (42 U.S.C. 1395l(t)(9)(B)) is amended by 
striking ‘‘part’’ each place such term appears and insert-
ing ‘‘subsection’’ each such place. 
Æ 
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