Rollover any line of text to comment and/or link to it.
S 75 IS
111th CONGRESS
1st Session
S. 75
To amend title XVIII of the Social Security Act to require the use of generic drugs under the Medicare part D prescription drug program when available unless the brand name drug is determined to be medically necessary.
IN THE SENATE OF THE UNITED STATES
January 6, 2009
Mr. KOHL introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To amend title XVIII of the Social Security Act to require the use of generic drugs under the Medicare part D prescription drug program when available unless the brand name drug is determined to be medically necessary.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. REQUIRED USE OF GENERIC DRUGS UNDER THE MEDICARE PART D PRESCRIPTION DRUG PROGRAM.
(a) In General- Section 1860D-2(e)(2) of the Social Security Act (42 U.S.C. 1395w-102(e)(2)) is amended by adding at the end the following new subparagraph:
‘(aa) section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act; or
‘(bb) section 505(b)(2) of such Act and that has been determined to be not therapeutically equivalent to any listed drug.’.
(b) Effective Date- The amendment made by subsection (a) shall apply to drugs dispensed on or after the date of enactment of this Act.
U.S. Congress - Text of S.75 as Introduced in Senate Generics First Act of 2009
