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SEC. 222. PERMITTING MID-YEAR CHANGES IN ENROLL-
MENT 
FOR 
FORMULARY 
CHANGES 
AD-
VERSELY IMPACT AN ENROLLEE. 
(a) IN GENERAL.—Section 1860D–1(b)(3) of the So-
cial Security Act (42 U.S.C. 1395w–101(b)(3)) is amend-
ed by adding at the end the following new subparagraph: 
‘‘(F) CHANGE IN FORMULARY RESULTING 
IN INCREASE IN COST-SHARING.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), in the case of an indi-
vidual enrolled in a prescription drug plan 
(or MA–PD plan) who has been prescribed 
a covered part D drug while so enrolled, if 
the formulary of the plan is materially 
changed (other than at the end of a con-
tract year) so to reduce the coverage (or 
increase the cost-sharing) of the drug 
under the plan. 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply in the case that a drug is re-
moved from the formulary of a plan be-
cause of a recall or withdrawal of the drug 
issued by the Food and Drug Administra-
tion.’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to contract years beginning on 
or after January 1, 2009. 
SEC. 223. REMOVAL OF EXCLUSION OF BENZODIAZEPINES 
FROM REQUIRED COVERAGE UNDER THE 
MEDICARE PRESCRIPTION DRUG PROGRAM. 
(a) IN GENERAL.—Section 1860D–2(e)(2)(A) of the 
Social Security Act (42 U.S.C. 1395w–102(e)(2)(A)) is 
amended— 
(1) by striking ‘‘subparagraph (E)’’ and insert-
ing ‘‘subparagraphs (E) and (J)’’; and 
(2) by inserting ‘‘and benzodiazepines, respec-
tively’’ after ‘‘smoking cessation agents’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to prescriptions dispensed on or 
after January 1, 2013. 
SEC. 
224. 
PERMITTING 
UPDATING 
DRUG 
COMPENDIA 
UNDER PART D USING PART B UPDATE PROC-
ESS. 
Section 1860D–4(b)(3)(C) of the Social Security Act 
(42 U.S.C. 1395w–104(b)(3)(C)) is amended by adding 
at the end the following new clause: 
‘‘(iv) UPDATING
DRUG
COMPENDIA 
USING PART B PROCESS.—The Secretary 
may apply under this subparagraph the 
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same process for updating drug compendia 
that is used for purposes of section 
1861(t)(2)(B)(ii).’’. 
SEC. 225. CODIFICATION OF SPECIAL PROTECTIONS FOR 
SIX PROTECTED DRUG CLASSIFICATIONS. 
(a) IN GENERAL.—Section 1860D–4(b)(3) of the So-
cial Security Act (42 U.S.C. 1395w–104(b)(3)) is amend-
ed— 
(1) in subparagraph (C)(i), by inserting ‘‘, ex-
cept as provided in subparagraph (G),’’ after ‘‘al-
though’’; and 
(2) by inserting after subparagraph (F) the fol-
lowing new subparagraph: 
‘‘(G) REQUIRED INCLUSION OF DRUGS IN 
CERTAIN THERAPEUTIC CLASSES.— 
‘‘(i) IN
GENERAL.—The formulary 
must include all or substantially all covered 
part D drugs in each of the following 
therapeutic classes of covered part D 
drugs: 
‘‘(I) Anticonvulsants. 
‘‘(II) Antineoplastics. 
‘‘(III) Antiretrovirals. 
‘‘(IV) Antidepressants. 
‘‘(V) Antipsychotics. 
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