Pub. L. 110-28, tit. VII, sec. 7002

Sec. 7002. (a) Prohibition.—(1) Limitation on secretarial authority.—Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not, prior to the date that is 1 year after the date of enactment of this Act, take any action (through promulgation of regulation, issuance of regulatory guidance, or other administrative action) to—(A) finalize or otherwise implement provisions contained in the proposed rule published on January 18, 2007, on pages 2236 through 2248 of volume 72, Federal Register (relating to parts 433, 447, and 457 of title 42, Code of Federal Regulations);(B) promulgate or implement any rule or provisions similar to the provisions described in subparagraph (A) pertaining to the Medicaid program established under title XIX of the Social Security Act or the State Children’s Health Insurance Program established under title XXI of such Act; or(C) promulgate or implement any rule or provisions restricting payments for graduate medical education under the Medicaid program.(2) Continuation of other secretarial authority.—The Secretary of Health and Human Service shall not be prohibited during the period described in paragraph (1) from taking any action (through promulgation of regulation, issuance of regulatory guidance, or other administrative action) to enforce a provision of law in effect as of the date of enactment of this Act with respect to the Medicaid program or the State Children’s Health Insurance Program, or to promulgate or implement a new rule or provision during such period with respect to such programs, other than a rule or provision described in paragraph (1) and subject to the prohibition set forth in that paragraph.(b) Requirement for Use of Tamper-Resistant Prescription Pads Under the Medicaid Program.—(1) In general.—Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended—(A) by striking “or” at the end of paragraph (21);(B) by striking the period at the end of paragraph (22) and inserting “; or”; and(C) by inserting after paragraph (22) the following new paragraph:“(23) with respect to amounts expended for medical assistance for covered outpatient drugs (as defined in section 1927(k)(2)) for which the prescription was executed in written (and non-electronic) form unless the prescription was executed on a tamper-resistant pad.”.121 STAT. 188(2) Effective date.—The amendments made by paragraph (1) shall apply to prescriptions executed after September 30, 2007.(c) Extension of Certain Pharmacy Plus Waivers.—(1) Authority to continue to operate waivers.—Notwithstanding any other provision of law, any State that is operating a Pharmacy Plus waiver described in paragraph (2) which would otherwise expire on June 30, 2007, may elect to continue to operate the waiver through December 31, 2009, and if a State elects to continue to operate such a waiver, the Secretary of Health and Human Services shall approve the continuation of the waiver through December 31, 2009.(2) Pharmacy plus waiver described.—For purposes of paragraph (1), a Pharmacy Plus waiver described in this paragraph is a waiver approved by the Secretary of Health and Human Services under the authority of section 1115 of the Social Security Act (42 U.S.C. 1315) that provides coverage for prescription drugs for individuals who have attained age 65 and whose family income does not exceed 200 percent of the poverty line (as defined in section 2110(c)(5) of such Act (42 U.S.C. 1397jj(c)(5))).