text: 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.
target: 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.
feat_title: To amend title XVIII of the Social Security Act to provide for coverage of pharmacist services under part B of the Medicare Program.