I 
118TH CONGRESS 
1ST SESSION H. R. 1770 
To amend title XVIII of the Social Security Act to provide pharmacy payment 
of certain services. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 23, 2023 
Mr. SMITH of Nebraska (for himself, Mr. SCHNEIDER, Mr. BUCSHON, Ms. 
MATSUI, Mr. CARTER of Georgia, Mrs. HARSHBARGER, Mr. BILIRAKIS, 
Mr. BLUMENAUER, Mr. FITZPATRICK, Mr. PETERS, and Ms. SEWELL) 
introduced the following bill; which was referred to the Committee on En-
ergy 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 jurisdic-
tion of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to provide 
pharmacy payment of certain services. 
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 ‘‘Equitable Community 
Access to Pharmacist Services Act’’. 
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SEC. 2. COVERAGE OF PHARMACIST SERVICES UNDER 
MEDICARE PART B. 
(a) COVERAGE.—Section 1861(s) of the Social Secu-
rity Act (42 U.S.C. 1395x(s)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (II), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (JJ), by striking the 
period at the end and inserting ‘‘; and’’; 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 phar-
macist’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 emer-
gency authority described under section 
319F–3 or section 361 of the Public 
Health Service Act, or other similar Fed-
eral law; 
‘‘(ii) would otherwise be covered under part 
B if furnished by a physician; and 
‘‘(iii) are services— 
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‘‘(I) for encounters for the evaluation 
and management of patients for testing or 
treatment for COVID–19, influenza, res-
piratory 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 subpara-
graphs (A) and (B), by inserting ‘‘, including when 
furnished by a pharmacist’’ before the semicolon in 
each such subparagraph. 
(b) PAYMENT.—Section 1833(a)(1) of the Social Se-
curity Act (42 U.S.C. 1395l(a)(1)) is amended— 
(1) by striking ‘‘and (HH)’’ and inserting 
‘‘(HH)’’; and 
(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 serv-
ices furnished pursuant to a Federal emergency au-
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thority 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 PHAR-
MACIST SERVICES.—Section 1842(b)(18)(C) of the Social 
Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by 
adding at the end the following: 
‘‘(ix) A pharmacist.’’. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion 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.) as of the date of 
the enactment of this Act, including payment as mass 
immunizers. 
(e) 
IMPLEMENTATION
AUTHORITY.—Notwith-
standing any other provision of law, the Secretary of 
Health and Human Services shall implement the provi-
sions 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. 
Æ 
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