Protecting Access to Affordable Medicines Act of 2021

Protecting Access to Affordable Medicines Act of 2021

This bill prohibits additional rebates for certain drugs under the Medicaid Drug Rebate Program. Specifically, the bill prohibits additional rebates with respect to noninnovator multiple-source drugs (i.e., generics) for which the average manufacturer price is less than $1.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2868 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2868

 To amend title XIX of the Social Security Act to prohibit additional 
 rebates under the Medicaid program for certain noninnovator multiple 
                             source drugs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2021

  Mr. Butterfield (for himself and Mr. Long) 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 prohibit additional 
 rebates under the Medicaid program for certain noninnovator multiple 
                             source 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 ``Protecting Access to Affordable 
Medicines Act of 2021''.

SEC. 2. PROHIBITION ON ADDITIONAL REBATE UNDER MEDICAID FOR CERTAIN 
              NONINNOVATOR MULTIPLE SOURCE DRUGS.

    Section 1927(c)(3)(C) of the Social Security Act (42 U.S.C. 1396r-
8(c)(3)(C)) is amended--
            (1) in clause (i), by striking ``The amount'' and inserting 
        ``Subject to clause (v), the amount''; and
            (2) by adding at the end the following new clause:
                            ``(v) Prohibition on additional rebate for 
                        certain noninnovator multiple source drugs.--
                        With respect to a rebate period beginning on or 
                        after January 1, 2022, and a dosage form and 
                        strength of a covered outpatient drug described 
                        in clause (i), the amount of the rebate 
                        specified in subparagraph (A) for such dosage 
                        form and strength for such rebate period may 
                        not be increased if the average manufacturer 
                        price for a unit of such dosage form and 
                        strength for such rebate period is less than 
                        $1.''.
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