Under the Affordable Care Act (ACA), after reiterating the requirement that Part D plans cover “all” drugs in a protected class, Congress provided the Secretary of Health and Human Services (HHS) with authority to “identify, as appropriate, categories and classes of drugs for which the Secretary determines are of clinical concern.” Congress gave no indication, in the text of the ACA or in the accompanying body of legislative history, that it intended section 3307 be used to weaken the protected classes policy. A reading of section 3307 in the historical context of the policy’s initial enactment and subsequent endorsement in MIPPA, less than two year prior to the passage of the ACA, can only conclude that the provision was a continuation of Congress’ strong support for the protected classes policy. Furthermore, Congress enacted section 3307 without modifying the Part D non-discrimination requirement in any way. The clear intent of Congress was for the six identified classes of medications to maintain protected status. Click the below to view the law.
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