Page:United States Statutes at Large Volume 104 Part 2.djvu/567

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-159 "(iii) a drug product is considered to be sold or marketed in a State if it appears in a published national listing of average wholesale prices selected by the Secretary, provided that the listed product is generally available to the public through retail pharmacies in that State. "(8) STATE AGENCY. —The term 'State agency' means the agency designated under section 1902(a)(5) to administer or supervise the administration of the State plan for medical assistance.". (b) FUNDING.— (1) DRUG USE REVIEW PROGRAMS. — Section 1903(a)(3) (42 U.S.C. 1936b(a)(3)) is amended— (A) by striking "plus" at the end of subparagraph (C) and inserting "and", and (B) by adding at the end the following new subparagraph: "(D) 75 percent of so much of the sums expended by the State plan during a quarter in 1991, 1992, or 1993, as the Secretary determines is attributable to the statewide adoption of a drug use review program which conforms to the requirements of section 1927(g); plus". (2) TEMPORARY INCREASE IN FEDERAL MATCH FOR ADMINISTRA- TIVE COSTS. — The per centum to be applied under section 1903(a)(7) of the Social Security Act for amounts expended during calendar quarters in fiscal year 1991 which are attributable to administrative activities necessary to carry out section 1927 (other than subsection (g)) of such Act shall be 75 percent, rather than 50 percent; after fiscal year 1991, the match shall revert back to 50 percent. (c) DEMONSTRATION PROJECTS. — (1) PROSPECTIVE DRUG UTIUZATION REVIEW. — (A) The Secretary of Health and Human Services shall provide, through competitive procurement by not later than January 1, 1992, for the establishment of at least 10 statewide demonstration projects to evaluate the efficiency and cost-effectiveness of prospective drug utilization review (as a component of on-line, real-time electronic point-of-sales claims management) in fulfilling patient counseling and in reducing costs for prescription drugs. (B) Each of such projects shall establish a central electronic repository for capturing, storing, and updating prospective drug utilization review data and for providing access to such data by participating pharmacists (and other authorized participants). (C) Under each project, the pharmacist or other authorized participant shall assess the active drug regimens of recipients in terms of duplicate drug therapy, therapeutic overlap, allergy and cross-sensitivity reactions, drug interactions, age precautions, drug regiment compliance, prescribing limits, and other appropriate elements. (D) Not later than January 1, 1994, the Secretary shall submit to Congress a report on the demonstration projects conducted under this paragraph. (2) DEMONSTRATION PROJECT ON COST-EFFECTIVENESS OF RE- IMBURSEMENT FOR PHARMACISTS' COGNITIVE SERVICES. — (A) The Secretary of Health and Human Services shall conduct a demonstration project to evaluate the impact on 42 USC 1396b. 42 USC 1396b note. 42 USC 1396r-8 note.