article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Pharmacist Services Coverage Act of 2001''. SEC. 2. MEDICARE COVERAGE OF PHARMACIST SERVICES. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 105(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) pharmacist services (as defined in subsection (ww));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 105(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new subsection: ``Pharmacist Services ``(ww) The term `pharmacist services' means such drug therapy management services furnished by a pharmacist, individually or on behalf of a pharmacy provider, and such services and supplies furnished as an incident to the pharmacist's drug therapy management service, which the pharmacist is legally authorized to perform (in the State in which the individual performs such services) in accordance with State law (or the State regulatory mechanism provided by State law).''. (c) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)), as amended by section 223(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-489), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) by striking ``and'' before ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to pharmacist services under section 1861(s)(2)(W), the amounts paid shall be 80 percent of the lesser of the actual charge or the amount established under section 1834(n);''. (2) Establishment of fee schedule; payments prior to implementation of fee schedule.--Section 1834 of the Social Security Act (42 U.S.C. 1395m), as amended by section 223(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-487), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new subsection: ``(n) Fee Schedules for Pharmacist Services.-- ``(1) Development.--The Secretary shall develop-- ``(A) a relative value scale to serve as the basis for the payment of pharmacist services (as defined in section 1861(ww)) under this part; and ``(B) using such scale and appropriate conversion factors, fee schedules (on a regional, statewide, locality, or carrier service area basis) for payment for pharmacist services under this part, to be implemented for such services furnished during years beginning after the expiration of the 3-year period which begins on the date of enactment of this subsection. ``(2) Considerations.--In developing the relative value scale and fee schedules under paragraph (1), the Secretary shall consider differences in-- ``(A) the time required to perform types of pharmacist services; ``(B) the level of risk associated with the use of particular out-patient prescription drugs or groups of drugs; and ``(C) the health status of individuals to whom pharmacist services are provided. ``(3) Consultation.--In developing the fee schedule for pharmacist services under this subsection, the Secretary shall consult with various national organizations representing pharmacists and pharmacies and share with such organizations the relevant data and data analysis being used in establishing such fee schedule, including data on variations in payments under this part by geographic area and by service. ``(4) Payments prior to implementation of fee schedule.--In the case of a pharmacist service (as defined in section 1861(ww)) that is furnished before the implementation of the fee schedule developed under paragraph (1)(B), the Secretary shall pay an amount equal to 80 percent of the amount that the Secretary would pay for such service under the fee schedule established under section 1848 if the service were furnished by a physician or as an incident to a physician's service.''. (d) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the relative value scale and fee schedules developed under section 1834(n)(1) of the Social Security Act (as added by subsection (c)(2)) for pharmacist services furnished under part B of the medicare program under title XVIII of the Social Security Act. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2002.
summary: Medicare Pharmacist Services Coverage Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for Medicare coverage of pharmacist services.