House Passes Rep. Harshbarger's H.R. 5526, The Seniors’ Access to Critical Medications Act

Washington, D.C. - Monday, September 23, The United States House of Representatives passed Congresswoman Harshbarger's H.R. 5526, The Seniors' Access to Critical Medications Act of 2024 which ensures that medicare seniors have access to the critical medications they need. This legislation restores pandemic-era flexibilities issued by the Centers of Medicare & Medicaid Services (CMS) that allowed mail delivery of prescribed drugs to Medicare beneficiaries.

"We shouldn't have obstacles in the way of patients receiving the prescription medications they need," said Congresswoman Diana Harshbarger. "The bipartisan Seniors' Access to Critical Medications Act simply ensures that cancer patients as well as other patients have timely access to the appropriate oral medications, by allowing delivery of these medications, or allowing family members or caregivers to pick them up on the patient's behalf."

Background

Under the Centers for Medicare & Medicaid Services's (CMS) interpretation of physician self-referral law (commonly known as "Stark law"), it's unlawful for a medical practice - such as a community oncology practice - to deliver a prescribed and filled drug to a patient by mail, courier, or UPS. CMS' interpretation doesn't even allow for a family member or caregiver to pick up a patient's drug on their behalf.

During the pandemic, CMS recognized these barriers and issued a Stark waiver lifting the restrictions that hindered patient access to these crucial medications. H.R. 5526, The Seniors' Access to Critical Medications Act of 2024, restores these flexibilities.

See Rep. Harshbarger's remarks on the House floor