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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Improving Medication Access for
Veterans Act''.

SEC. 2. ELIGIBILITY OF MEDICARE-ELIGIBLE VETERANS FOR OUT-PATIENT
MEDICATION BENEFIT.

(a) Restatement of Current Law on Drugs and Medications and
Provision of Out-Patient Medication Benefit.--Chapter 17 of title 38,
United States Code, is amended by inserting after section 1710B the
following new section:
''Sec. 1710C. Drugs and medications; vaccines
''(a)(1) The Secretary shall furnish to each veteran who is
receiving additional compensation or allowance under chapter 11 of this
title, or increased pension as a veteran of a period of war, by reason
of being permanently housebound or in need of regular aid and
attendance, such drugs and medicines (subject to subsection (d)) as may
be ordered on prescription of a duly licensed physician as specific
therapy in the treatment of any illness or injury suffered by such
veteran.
''(2) The Secretary shall continue to furnish such drugs and
medicines ordered under paragraph (1) to any such veteran in need of
regular aid and attendance whose pension payments have been
discontinued solely because such veteran's annual income is greater
than the applicable maximum annual income limitation, but only so long
as such veteran's annual income does not exceed such maximum annual
income limitation by more than $1,000.
''(b)(1) Any medicare-eligible veteran may elect to be furnished by
the Secretary, on an out-patient basis, such drugs and medicines
(subject to subsection (d)) as may be ordered on prescription of a duly
licensed physician as specific therapy in the treatment of any illness
or injury suffered by such veteran.
''(2) In this subsection, the term 'medicare-eligible veteran'
means any veteran who--
''(A) is entitled to or enrolled in hospital insurance
benefits under part A of title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.); or
''(B) is enrolled in the supplementary medical insurance
program under part B of such title (42 U.S.C. 1395j et seq.).
''(3) The Secretary shall furnish to any veteran who makes an
election under paragraph (1), on an out-patient basis, such drugs and
medicines as may be ordered on prescription of a duly licensed
physician as specific therapy in the treatment of any illness or injury
suffered by such veteran.
''(4)(A) Notwithstanding any other provision of law and except as
provided in subparagraph (B), a veteran who makes an election under
paragraph (1) shall not be eligible for care and services under this
chapter during the year covered by the election.
''(B) Subparagraph (A) shall not apply with respect to any veteran
who has a compensable service-connected disability.
''(5) The furnishing of drugs and medicines under this subsection
shall be subject to the provisions of section 1722A(b) of this title.
''(6)(A) An election under paragraph (1) shall be for a calendar
year, and shall be irrevocable for the year covered by such election.
An election may be renewed.
''(B) The Secretary shall prescribe the form, manner, and timing of
an election.
''(7) Before permitting a veteran to make an election under
paragraph (1), the Secretary shall provide the veteran such educational
materials and other information on the furnishing and receipt of drugs
and medicines under this subsection as the Secretary considers
appropriate to inform the veteran of the benefits and costs of being
furnished drugs and medicines under this subsection, including
materials and information on the consequences of making an election
under paragraph (1) and on the fees, copayments, or other amounts
required under section 1722A(b) of this title for drugs and medicines
furnished under this subsection.
''(c)(1) In order to assist the Secretary of Health and Human
Services in carrying out national immunization programs under other
provisions of law, the Secretary may authorize the administration of
immunizations to eligible veterans who voluntarily request such
immunizations in connection with the provision of care for a disability
under this chapter in any Department health care facility.
''(2) Any immunization under paragraph (1) shall be made using
vaccine furnished by the Secretary of Health and Human Services at no
cost to the Department. For such purpose, notwithstanding any other
provision of law, the Secretary of Health and Human Services may
provide such vaccine to the Department at no cost.
''(3) Section 7316 of this title shall apply to claims alleging
negligence or malpractice on the part of Department personnel granted
immunity under such section.
''(d) Drugs and medicines may be furnished under subsections (a)
and (b) only if included on the National Prescription Drug Formulary of
the Department, except that the Secretary may authorize the furnishing
of a drug or medicine not included on that formulary under such
circumstances as the Secretary determines warranted.''.
(b) Copayment Requirements.--
(1) In general.--Section 1722A of such title is amended--
(A) in subsection (a)(1), by inserting ''(other
than a veteran covered by subsection (b))'' after
''require a veteran'';
(B) by redesignating subsections (b), (c), and (d),
as subsections (c), (d), and (e), respectively; and
(C) by inserting after subsection (a) the following
new subsection (b):
''(b)(1) In the case of a veteran who is furnished medications on
an out-patient basis under section 1710C(b) of this title, the
Secretary shall require the veteran to pay, at the election of the
Secretary, one or more of the following:
''(A) An annual enrollment fee in an amount determined
appropriate by the Secretary.
''(B) A copayment for each 30-day supply of such
medications in an amount determined appropriate by the
Secretary.
''(C) An amount equal to the cost to the Secretary of such
medications, as determined by the Secretary.
''(2)(A) In determining the amounts to be paid by a veteran under
paragraph (1), and the basis of payment under one or more subparagraphs
of that paragraph, the Secretary shall ensure that the total amount
paid by veterans for medications under that paragraph in a year is not
less than the costs of the Department in furnishing medications to
veterans under section 1710C(b) of this title during that year,
including the cost of purchasing and furnishing medications, and other
costs of administering that section.
''(B) The Secretary shall take appropriate actions to ensure, to
the maximum extent practicable, that amounts paid by veterans under
paragraph (1) in a year are equal to the costs of the Department
referred to in subparagraph (A) in that year.
''(3) In determining amounts under paragraph (1), the Secretary may
take into account the following:
''(A) Whether or not the medications furnished are generic
medications or brand name medications.
''(B) Whether or not the medications are furnished by mail.
''(C) Any other matters the Secretary considers
appropriate.
''(4) The Secretary may from time to time adjust any amount
determined by the Secretary under paragraph (1), as previously adjusted
under this paragraph, in order to meet the purpose specified in
paragraph (2).''.
(2) Cross reference amendments.--Subsection (d) of such
section, as redesignated by paragraph (1)(B), is amended--
(A) by striking ''subsection (a)'' and inserting
''subsections (a) and (b)''; and
(B) by striking ''subsection (b)'' and inserting
''subsection (c)''.
(3) Deposit of collections in medical care collections
fund.--Paragraph (4) of section 1729A(b) of such title is
amended to read as follows:
''(4) Subsection (a) or (b) of section 1722A of this
title.''.
(c) Conforming Amendments.--
(1) Enrollment ineligibility.--Section 1707 of such title
is amended by adding at the end the following new subsection:
''(c) Notwithstanding any other provision of law, a veteran who
makes an election authorized by section 1710C(b) of this title (other
than a veteran covered by paragraph (4)(B) of that section) shall not,
for the period of such election, be eligible for care and services
under this chapter, except as provided in that section.''.
(2) Repeal of restated provisions.--Section 1712 of such
title is amended by striking subsections (d) and (e).
(d) Clerical Amendments.--
(1) Section heading.--The heading for section 1712 of such
title is amended to read as follows:
''Sec. 1712. Dental care''.
(2) Table of sections.--The table of sections at the
beginning of chapter 17 of such title is amended--
(A) by inserting after the item relating to section 1710B
the following new item:

''1710C. Drugs and medications; vaccines.'';
and
(B) by striking the item relating to section 1712 and
inserting the following new item:

''1712. Dental care.''.
A:
Improving Medication Access for Veterans Act - Directs the Secretary of Veterans Affairs to furnish certain prescribed drugs and medicines (i.e., only drugs and medicines included on the National Prescription Drug Formulary of the Department of Veterans Affairs) as specific therapy in the treatment of any illness or injury suffered by each veteran who is receiving additional compensation or allowance due to a service-connected disability, or an increased pension as a veteran of a period of war, by reason of being permanently housebound or in need of regular aid and attendance.

Allows any Medicare-eligible veteran to elect to be furnished by the Secretary, on an outpatient basis, such drugs and medicines as specific therapy for any illness or injury suffered by the veteran. Requires such election to last for a calendar year and be irrevocable. Allows for election renewal. Requires appropriate information to be furnished to each veteran prior to making an election.

Authorizes the Secretary to administer immunizations to veterans who voluntarily request such immunizations in connection with care for a disability in a Department of Veterans Affairs health care facility.

Provides for appropriate copayments for the drugs and medicines received by veterans under this Act.