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Section 1
1. Short title This Act may be cited as the Providing Veterans Essential Medications Act.
Section 2
2. Reimbursement of a State home for high cost medications Section 1745(a)(3) of title 38, United States Code, is amended— by striking Payment and inserting (A) Subject to subparagraph (B), payment; and by adding at the end the following new subparagraphs: In addition to payment described in subparagraph (A), the Secretary shall, at the election of a covered State home— reimburse the covered State home for a costly medication; or furnish such costly medication to the covered State home. In this paragraph: 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. 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. (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..