[Page S1746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 470. Mr. SPECTER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 698, after line 25, insert the following:

     SEC. 4204A. EXCLUSION OF CUSTOMARY PROMPT PAY DISCOUNTS 
                   EXTENDED TO WHOLESALERS FROM MANUFACTURER'S 
                   AVERAGE SALES PRICE FOR PAYMENTS FOR DRUGS AND 
                   BIOLOGICALS UNDER MEDICARE PART B.

       (a) In General.--Section 1847A(c)(3) of the Social Security 
     Act (42 U.S.C. 1395w-3a(c)(3)) is amended--
       (1) in the first sentence, by inserting ``(other than 
     customary prompt pay discounts extended to wholesalers)'' 
     after ``prompt pay discounts''; and
       (2) in the second sentence, by inserting ``(other than 
     customary prompt pay discounts extended to wholesalers)'' 
     after ``other price concessions''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to drugs and biologicals furnished on or after 
     the date that is 30 days after the date of the enactment of 
     this Act.
       Beginning on page 131, strike line 12 and all that follows 
     through page 133, line 17.
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