I 118th CONGRESS 1st Session H. R. 5526 IN THE HOUSE OF REPRESENTATIVES September 18, 2023 Mrs. Harshbarger (for herself, Ms. Wasserman Schultz , Mr. Fleischmann , Mr. Davis of North Carolina , Mrs. Miller-Meeks , and Mr. Balderson ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to clarify the application of the in-office ancillary services exception to the physician self-referral prohibition for drugs furnished under the Medicare program.

1. Short title This Act may be cited as the Seniors’ Access to Critical Medications Act of 2023 . 2. Clarifying the application of the in-office ancillary services exception to the physician self-referral prohibition for drugs furnished under the Medicare program (a) In general Section 1877(b)(2) of the Social Security Act ( 42 U.S.C. 1395nn(b)(2) ) is amended by adding at the end the following new sentence: With respect to services consisting of drugs, and any supplies necessary to administer such drugs, furnished on or after May 11, 2023, the requirement that such drugs and supplies be furnished in accordance with subparagraph (A)(ii) in order to qualify as a case described in this paragraph shall not apply. . (b) Withdrawal of FAQs The Secretary of Health and Human Services shall remove the frequently asked questions and answers published on the website of the Centers for Medicare & Medicaid Services on September 20, 2021, and May 19, 2023, which prohibit or seek to prohibit the arrangement described in the amendment made by subsection (a) and those frequently asked questions and answers shall be deemed to have never been published.