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US Laws | Affordable Health Care Act (HR3950F)
TITLE VII--IMPROVING ACCESS TO INNOVATIVE MEDICAL THERAPIES
Subtitle B--More Affordable Medicines for Children and Underserved Communities

(b) Conforming Amendments- Section 340B(a) of the Public Health Service Act (42 U.S.C. 256b(a)) is amended-- (11036)

(1) in subsection (a)(1), by adding at the end the following: "Each such agreement shall require that the manufacturer furnish the Secretary with reports, on a quarterly basis, of the price for each covered drug subject to the agreement that, according to the manufacturer, represents the maximum price that covered entities may permissibly be required to pay for the drug (referred to in this section as the "ceiling price"), and shall require that the manufacturer offer each covered entity covered drugs for purchase at or below the applicable ceiling price if such drug is made available to any other purchaser at any price."; and (11037)

(2) in the first sentence of subsection (a)(5)(E), as redesignated by section 7101(c), by inserting "after audit as described in subparagraph (D) and" after "finds,". (11038)

SEC. 7103. GAO STUDY TO MAKE RECOMMENDATIONS ON IMPROVING THE 340B PROGRAM. (11039)(Text)

(a) Report- Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines whether those individuals served by the covered entities under the program under section 340B of the Public Health Service Act (42 U.S.C. 256b) (referred to in this section as the "340B program") are receiving optimal health care services. (11040)

(b) Recommendations- The report under subsection (a) shall include recommendations on the following: (11041)

(1) Whether the 340B program should be expanded since it is anticipated that the 47,000,000 individuals who are uninsured as of the date of enactment of this Act will have health care coverage once this Act is implemented. (11042)

(2) Whether mandatory sales of certain products by the 340B program could hinder patients access to those therapies through any provider. (11043)

(3) Whether income from the 340B program is being used by the covered entities under the program to further the program objectives. (11044)

TITLE VIII--CLASS ACT (11045)(Text)

SEC. 8001. SHORT TITLE OF TITLE. (11046)(Text)

This title may be cited as the "Community Living Assistance Services and Supports Act" or the "CLASS Act". (11047)

SEC. 8002. ESTABLISHMENT OF NATIONAL VOLUNTARY INSURANCE PROGRAM FOR PURCHASING COMMUNITY LIVING ASSISTANCE SERVICES AND SUPPORT. (11048)(Text)

(a) Establishment of CLASS Program- (11049)

(1) IN GENERAL- The Public Health Service Act (42 U.S.C. 201 et seq.), as amended by section 4302(a), is amended by adding at the end the following: (11050)

TITLE XXXII--COMMUNITY LIVING ASSISTANCE SERVICES AND SUPPORTS (11051)

SEC. 3201. PURPOSE. (11052)

"The purpose of this title is to establish a national voluntary insurance program for purchasing community living assistance services and supports in order to-- (11053)

"(1) provide individuals with functional limitations with tools that will allow them to maintain their personal and financial independence and live in the community through a new financing strategy for community living assistance services and supports; (11054)

"(2) establish an infrastructure that will help address the Nation"s community living assistance services and supports needs; (11055)

"(3) alleviate burdens on family caregivers; and (11056)

"(4) address institutional bias by providing a financing mechanism that supports personal choice and independence to live in the community. (11057)

SEC. 3202. DEFINITIONS. (11058)

"In this title: (11059)

"(1) ACTIVE ENROLLEE- The term "active enrollee" means an individual who is enrolled in the CLASS program in accordance with section 3204 and who has paid any premiums due to maintain such enrollment. (11060)

"(2) ACTIVELY EMPLOYED- The term "actively employed" means an individual who-- (11061)

"(A) is reporting for work at the individual"s usual place of employment or at another location to which the individual is required to travel because of the individual"s employment (or in the case of an individual who is a member of the uniformed services, is on active duty and is physically able to perform the duties of the individual"s position); and (11062)

"(B) is able to perform all the usual and customary duties of the individual"s employment on the individual"s regular work schedule. (11063)

"(3) ACTIVITIES OF DAILY LIVING- The term "activities of daily living" means each of the following activities specified in section 7702B(c)(2)(B) of the Internal Revenue Code of 1986: (11064)

"(A) Eating. (11065)

"(B) Toileting. (11066)

"(C) Transferring. (11067)

"(D) Bathing. (11068)

"(E) Dressing. (11069)

"(F) Continence. (11070)

"(4) CLASS PROGRAM- The term "CLASS program" means the program established under this title. (11071)

"(5) ELIGIBILITY ASSESSMENT SYSTEM- The term "Eligibility Assessment System" means the entity established by the Secretary under section 3205(a)(2) to make functional eligibility determinations for the CLASS program. (11072)

"(6) ELIGIBLE BENEFICIARY- (11073)

"(A) IN GENERAL- The term "eligible beneficiary" means any individual who is an active enrollee in the CLASS program and, as of the date described in subparagraph (B)-- (11074)

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