Ensuring Access to Essential Drugs Act

Ensuring Access to Essential Drugs Act

This bill exempts certain brand-name drugs from the Medicare Part D Manufacturer Discount Program. Under the program, drug manufacturers provide discounts to beneficiaries who have incurred costs above the annual deductible under the Medicare prescription drug benefit.

Specifically, the bill exempts from the program orally administered, brand-name drugs that are considered generics for purposes of the Medicaid Drug Rebate Program (per an exception granted by the Centers for Medicare & Medicaid Services).

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1922 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 1922

To amend title XVIII of the Social Security Act to exempt certain drugs 
   from the part D manufacturer discount program under the Medicare 
                                program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2025

     Mr. Garbarino (for himself, Mrs. Harshbarger, and Mr. Suozzi) 
 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 XVIII of the Social Security Act to exempt certain drugs 
   from the part D manufacturer discount program under the Medicare 
                                program.

    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 ``Ensuring Access to Essential Drugs 
Act''.

SEC. 2. EXEMPTING CERTAIN DRUGS FROM THE PART D MANUFACTURER DISCOUNT 
              PROGRAM UNDER THE MEDICARE PROGRAM.

    Section 1860D-14C(g)(2) of the Social Security Act (42 U.S.C. 
1395w-114c(g)(2)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) does not include an orally administered 
                drug--
                            ``(i) for which a new drug application was 
                        approved under section 505 of the Federal Food, 
                        Drug, and Cosmetic Act; and
                            ``(ii) that has been granted a narrow 
                        exception permitting reclassification as a 
                        noninnovator multiple source drug under the 
                        Medicaid drug rebate program by the Centers for 
                        Medicare & Medicaid Services.''.
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