Prescription Drug Pricing and Medicaid Fraud Prevention Act of 2005

Prescription Drug Pricing and Medicaid Fraud Prevention Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to require the Secretary of Health and Human Services to disclose publicly the average manufacturer prices (AMP) and best prices for prescription drugs.

Requires each drug manufacturer with a rebate agreement in effect to report to the Secretary detailed information (specified by the Secretary) on how the AMP is computed, including assumptions used.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3546 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3546

  To amend title XIX of the Social Security Act to provide for public 
  disclosure of average manufacturer prices (AMP) and best prices for 
                          prescription drugs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

Mr. Emanuel (for himself, Mr. Case, Mr. Lipinski, Ms. Herseth, and Mr. 
   Doggett) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend title XIX of the Social Security Act to provide for public 
  disclosure of average manufacturer prices (AMP) and best prices for 
                          prescription drugs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prescription Drug Pricing and 
Medicaid Fraud Prevention Act of 2005''.

SEC. 2. PUBLIC DISCLOSURE OF AVERAGE MANUFACTURER PRICES (AMP) AND BEST 
              PRICES FOR PRESCRIPTION DRUGS.

    (a) Public Disclosure.--Subparagraph (D) of section 1927(b)(3) of 
the Social Security Act (42 U.S.C. 1396r-8(b)(3)) is amended--
            (1) by striking ``and'' at the end of clause (ii);
            (2) by striking the period at the end of clause (iii) and 
        inserting ``, and''; and
            (3) by inserting after clause (iii) the following new 
        clause:
                            ``(iv) that the Secretary shall make 
                        publicly available the information reported 
                        under subparagraph (A)(i) on average 
                        manufacturer price and best price for each 
                        covered outpatient drug.''.
    (b) Reporting of Methodology and Assumptions for Computing Average 
Manufacturer Price.--Subparagraph (A) of such section is amended by 
adding at the end the following: ``The information reported under 
clause (i) shall include detailed information (specified by the 
Secretary) on how the manufacturer computes the average manufacturer 
price, including assumptions used in computing such price.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to rebate agreements, and information reported under such 
agreements, as of the date that is first day of the first calendar 
quarter beginning after the date of the enactment of this Act.
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