Drug Price Transparency for Medicare Patients Act of 2019
This bill provides statutory authority for the Centers for Medicare & Medicaid Services rule titled "Medicare and Medicaid Programs; Regulation to Require Drug Pricing Transparency," published on May 10, 2019. The rule requires direct-to-consumer television advertisements for covered drugs and biologics under Medicare and Medicaid to include the list price of a 30-day supply or for a typical course of treatment, if the list price is at least $35 per month. The rule takes effect July 9, 2019.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3327 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3327
To amend title XI of the Social Security Act to require that direct-to-
consumer television advertisements for prescription drugs and
biological products include the list price of such drugs and products,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2019
Mr. Rooney of Florida introduced the following bill; which was referred
to the Committee on Energy and Commerce, and in addition to the
Committee on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title XI of the Social Security Act to require that direct-to-
consumer television advertisements for prescription drugs and
biological products include the list price of such drugs and products,
and for other purposes.
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 ``Drug Price Transparency for Medicare
Patients Act of 2019''.
SEC. 2. REQUIREMENT THAT DIRECT-TO-CONSUMER TELEVISION ADVERTISEMENTS
FOR PRESCRIPTION DRUGS AND BIOLOGICAL PRODUCTS INCLUDE
LIST PRICE OF SUCH DRUGS AND PRODUCTS.
Part A of title XI of the Social Security Act (42 U.S.C. 1301 et
seq.) is amended by adding at the end the following new section:
``SEC. 1150C. REQUIREMENT THAT DIRECT-TO-CONSUMER TELEVISION
ADVERTISEMENTS FOR PRESCRIPTION DRUGS AND BIOLOGICAL
PRODUCTS INCLUDE LIST PRICE OF SUCH DRUGS AND PRODUCTS.
``(a) In General.--Subject to subsection (b), the Secretary, acting
through the Administrator of the Centers for Medicare & Medicaid
Services (referred to in this section as the `Secretary'), shall
require that each direct-to-consumer advertisement on television
(including broadcast, cable, streaming, or satellite media) for a
prescription drug or biological product for which payment is made
available under title XVIII or XIX includes a written statement
indicating the current list price for a 30-day supply of (or, if
determined more appropriate by the Secretary, a typical course of
treatment with) such drug or product as follows: `The list price for a
[30-day supply of, or a typical course of treatment with] [name of
prescription drug or biological product] is [current list price]. If
you have health insurance that covers drugs, your cost may be
different.'. Such statement shall be presented at the end of such an
advertisement against a contrasting background for sufficient duration
and in a size and style of font that allows such statement to be read
easily.
``(b) Exception.--The requirement described in subsection (a) shall
not apply with respect to a prescription drug or biological product
that has a current list price less than $35 per month for a 30-day
supply of, or a typical course of treatment with, such drug or product.
``(c) Identification of Noncompliant Drugs and Products.--In the
case that a direct-to-consumer advertisement described in subsection
(a) does not include a written statement as required under such
subsection and is not excepted with respect to such statement under
subsection (b), the Secretary shall identify the prescription drug or
biological product that is the subject of such advertisement as a drug
or product advertised in violation of the requirement of subsection
(a). The Secretary shall maintain a public list of all prescription
drugs and biological products identified pursuant to the previous
sentence.
``(d) Definitions.--In this section:
``(1) Current list price.--The term `current list price',
with respect to a prescription drug or biological product
described in subsection (a) and a direct-to-consumer
advertisement described in such subsection for such drug or
product, means the wholesale acquisition cost (as defined in
section 1847A(c)(6)) of such drug or product as of the first
day of the quarter during which such advertisement is aired or
otherwise broadcast.
``(2) Typical course of treatment.--The term `typical
course of treatment', with respect to a prescription drug or
biological product described in subsection (a) and a direct-to-
consumer advertisement described in such subsection for such
drug or product, means the typical course of treatment
associated with the primary indication addressed in such
advertisement for which such drug or product is prescribed.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
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