II 118th CONGRESS 1st Session S. 3458 IN THE SENATE OF THE UNITED STATES December 11, 2023 Ms. Sinema (for herself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Finance 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.