S. 5497

Providing Veterans Essential Medications Act

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Sec. 1. Short title

This Act may be cited as the Providing Veterans Essential Medications Act.

Sec. 2. Reimbursement of a State home for high cost medications

Section 1745(a)(3) of title 38, United States Code, is amended—

(1) by striking Payment and inserting (A) Subject to subparagraph (B), payment; and

(2) by adding at the end the following new subparagraphs:

Text this section adds to the law

(B) In addition to payment described in subparagraph (A), the Secretary shall, at the election of a covered State home—

(i) reimburse the covered State home for a costly medication; or

(ii) furnish such costly medication to the covered State home.

(C) In this paragraph:

(i) The term costly medication means a drug or medicine for which the average wholesale price for one month’s supply, plus a 3 percent transaction fee, exceeds 8.5 percent of the payment under subparagraph (A) by the Secretary to a covered State home for care provided to the veteran who receives such costly medication during such month.

(ii) The term covered State home means a State home that, in the course of nursing home care provided pursuant to a contract (or agreement) under paragraph (1), provides to a veteran a costly medication.