Fair Drug Prices for Kids Act
This bill allows states to apply the requirements of the Medicaid Drug Rebate Program to covered outpatient drugs under the Children's Health Insurance Program (CHIP).
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5576 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5576
To amend titles XIX and XXI of the Social Security Act to give States
the option to extend the Medicaid drug rebate program to the Children's
Health Insurance Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 12, 2021
Ms. Wild (for herself, Mr. Fitzpatrick, Ms. Scanlon, Ms. Dean, Mr.
Cartwright, Mr. Grijalva, Mr. Cuellar, and Mr. Vela) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend titles XIX and XXI of the Social Security Act to give States
the option to extend the Medicaid drug rebate program to the Children's
Health Insurance Program, 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 ``Fair Drug Prices for Kids Act''.
SEC. 2. REDUCING PRESCRIPTION DRUG COSTS FOR CHILDREN'S MEDICINE.
(a) In General.--Section 1927(a) of the Social Security Act (42
U.S.C. 1396r-8)(a) is amended by adding at the end the following new
paragraph:
``(8) State option to apply rebate requirements to the
state child health plan.--
``(A) In general.--A State may elect to apply the
requirements of this section and regulations
promulgated to carry out this section to covered
outpatient drugs for which payment is available under
the State child health plan under title XXI in the same
manner as such requirements apply to the State plan
under this title, subject to such guidance as the
Secretary shall establish.
``(B) Application rules.--If a State makes an
election under subparagraph (A), then, in applying this
section with respect to that State--
``(i) paragraph (1) of this subsection
shall be applied as if `or section 2105 (if the
State has elected to apply this section to the
State child health plan under title XXI)' were
inserted after `1903(a)';
``(ii) paragraph (7)(A) of this subsection
shall be applied--
``(I) as if `or section 2105 (if
the State has elected to apply this
section to the State child health plan
under title XXI)' were inserted after
`1903(a)'; and
``(II) as if `(or, if the State has
elected to apply this section to the
State child health plan under title
XXI, on or after the date this section
first applies to the State)' were
inserted after `January 1, 2006';
``(iii) paragraph (7)(B)(ii) of this
subsection shall be applied--
``(I) as if `or section 2105 (if
the State has elected to apply this
section to the State child health plan
under title XXI)' were inserted after
`1903(a)'; and
``(II) as if `(or, if the State has
elected to apply this section to the
State child health plan under title
XXI, on or after the date this section
first applies to the State)' were
inserted after `January 1, 2008';
``(iv) subsection (b)(1)(A) shall be
applied as if `(or, if the State has elected to
apply this section to the State child health
plan under title XXI, on or after the date this
section first applies to the State, to each
State child health plan for which payment was
made under such State child health plan for
such period)' were inserted after `such
period';
``(v) subsection (b)(1)(B) shall be applied
as if `(or a reduction in the amount expended
under the State child health plan in the
quarter for child health assistance or
pregnancy-related assistance for purposes of
section 2105 if the State has elected to apply
this section to the State child health plan
under title XXI)' were inserted after
`1903(a)(1)'; and
``(vi) paragraphs (2)(A)(i) and (3)(A)(ii)
of subsection (c) shall each be applied as if
`(or, if the State has elected to apply this
section to the State child health plan under
title XXI, on or after the date this section
first applies to the State)' were inserted
after `December 31, 1990' each place it
appears.''.
(b) Conforming Amendments.--
(1) Section 2107(e)(1) of the Social Security Act (42
U.S.C. 1397gg(e)(1)) is amended--
(A) by redesignating subparagraphs (D) through (S)
as subparagraphs (E) through (T), respectively; and
(B) by inserting after subparagraph (C) the
following new subparagraph:
``(D) Section 1902(a)(54) (relating to compliance
with the requirements of section 1927 but only if the
State has elected to apply such requirements to the
State child health plan under this title).''.
(2) Section 2110(a)(6) of the Social Security Act (42
U.S.C. 1397jj(a)(6)) is amended by inserting ``and, if the
State has elected to apply the requirements of section 1927 to
the State child health plan under this title, covered
outpatient drugs, as defined in section 1927(k)(2),'' after
``Prescription drugs and biologicals''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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