S. 3384
Lowering Prescription Drug Prices for America’s Seniors and Families Act of 2020
|
03/03/2020
Sen. Martha McSally (R-AZ)
|
03/03/2020 Referred to Committee on Finance |
- Allows HHS to negotiate prices for certain Medicare Part D drugs.
- Allows individuals to import drugs from Canada.
|
S. 3166
Prescription Drug Affordability and Access Act
|
01/08/2020
Sen. Cory Booker (D-NJ)
|
01/08/2020 Referred to Committee on Health, Education, Labor, and Pensions |
- Establishes the Bureau of Prescription Drug Affordability and Access.
- Puts limits on price increases of drugs and otherwise regulates drug prices.
- If a manufacturer intends to increase the WAC by more than the percentage by which the Consumer Price Index for All Urban Consumers for that year exceeds the index for the preceding year, then the manufacturer must submit information about the price increase to the Bureau 60 days before the increase is to take effect.
- In determining whether the price increase is appropriate, the Bureau will consider several factors, including the size of the patient population, benefit of the drug, impact of price on drug access, costs of drug development, revenue, and the price of the drug in other countries.
- If the price is not appropriate, the Bureau shall direct the manufacturer to lower the WAC to an appropriate price, and the Bureau will determine a rebate process for patients impacted by the inappropriate price.
|
S. 3129
Lower Costs, More Cures Act of 2019
|
12/19/2019
Sen. Mike Crapo (R-ID)
|
12/19/2019 Referred to Committee on Finance. |
- Increases drug price transparency and requires drug price information in advertisements, including a requirement that if the price of a qualifying drug is increased by 10% or more in a single calendar year, or 25% or more within three consecutive calendar years, then the manufacturer must submit a report to HHS with information certain information on the drug and a description of the price increase.
- Gives HHS the authority to implement the recently defeated Disclosure Rule.
|
S. 2543
Prescription Drug Pricing Reduction Act of 2019
|
09/25/2019
Sen. Chuck Grassley (R-IA)
|
09/25/2019 Legislative Calendar under General Orders (Calendar No. 225)
S. 4199 (introduced 07/02/2020) reintroduces S. 2543
|
- Requires manufacturers to provide a justification to HHS for a price increase of 100% more than the price in the previous 12 months, or greater percentages over longer periods of time. If the drug is in the top 50th percentile of net spending under Title XVIII or XIX of the Social Security Act during any 12 month period in the previous 60 months, a justification is required if there is a 15% increase over the price in the previous year, or greater percentages over longer periods.
- Drug manufacturers must issue rebates to CMS for certain covered drugs, including those for which the average manufacturer price increases faster than inflation.
|
S. 1987
End Price Gouging for Medications Act
|
06/26/2019
Sen. Jeff Merkley (D-OR)
|
06/26/2019 Referred to Committee on Health, Education, Labor, and Pensions |
- HHS must establish annual reference prices based on the median retail list price in Japan, Germany, the United Kingdom, France, Italy, Canada, Australia, Spain, the Netherlands, Switzerland, and Sweden.
- If information is not available in at least 3 reference countries, then the reference price will be determined by HHS based on factors including the therapeutic effect, value, patient access, costs, and other appropriate factors.
- Drugs covered under federal health programs may not exceed the reference prices.
- Drugs must be available to uninsured people on private health insurance at this price.
|
S. 1664
Prescription Drug Price Reporting Act
|
05/23/2019
Sen. Rick Scott (R-FL)
|
05/23/2019 Referred to Committee on Health, Education, Labor, and Pensions |
- Requires manufacturers to submit information to HHS about drugs marketed in the U.S., including information about cost, pricing, and rebates.
- Manufacturers must submit notice of price changes 30 days in advance.
- HHS must establish a database allowing consumers to subscribe to price change notifications.
|
S. 1437
Drug-price Transparency in Communications (DTC) Act
|
05/13/2019
Sen. Richard J. Durbin (D-IL)
|
05/13/2019 Referred to Committee on Finance |
- Requires direct to consumer advertising for prescription drugs covered by Medicare and Medicaid to include “truthful and non-misleading pricing information,” giving statutory authority for the recently-defeated Disclosure Rule.
|
S. 1391
Fair Accountability and Innovative Research Drug Pricing Act of 2019
|
05/09/2019
Sen. Tammy Baldwin (D-WI)
|
05/09/2019 Referred to the Committee on Health, Education, Labor, and Pensions |
- Establishes reporting requirements for drug prices and price changes.
- Requires HHS to make these reports public after 30 days.
|
S. 977
Transparent Drug Pricing Act of 2019
|
04/01/2019
Sen. Rick Scott (R-FL)
|
04/01/2019
Referred to Committee on Health, Education, Labor, and Pensions
|
- At the point of sale, pharmacists must disclose out-of-pocket costs and the price without insurance.
- Health insurers must publish the co-payment amount for each covered prescription drug prior to the annual open-enrollment period.
- Retail list price is temporarily prohibited from exceeding the lowest retail list prices in Canada, France, the United Kingdom, Japan, and Germany.
|
S. 709
Prescription Drug Pricing Dashboard Act
|
03/07/2019
Sen. Robert P. Casey, Jr. (D-PA)
|
03/07/2019 Referred to Committee on Health, Education, Labor, and Pensions |
- HHS must establish an online dashboard with specific information on pricing and utilization of drugs in federal programs.
|
S. 637
CURE High Drug Prices Act
|
02/28/2019
Sponsor: Sen. Richard Blumenthal (D-CT)
|
02/28/2019 Referred to Committee on Health, Education, Labor, and Pensions |
- Prohibits price gouging by manufacturers of prescription drugs covered by a federal health care program.
- Price gouging is presumed if the manufacturer increases the price: (1) 10% or more within the previous 12-month period; (2) 20% or more in the previous 36-month period; (3) 30% or more within the previous 60-month period.
- If HHS has reason to believe that an increase constitutes price gouging, it will notify the manufacturer who must submit a justification for the price increase.
|
S. 474
Stopping the Pharmaceutical Industry from Keeping drugs Expensive (SPIKE) Act of 2019
|
02/13/2019
Sen. Ron Wyden (D-OR)
|
02/13/2019 Referred to Committee on Finance |
- Requires manufacturers to submit to CMS written justification for price increases of certain percentages.
|
S. 378
Stop Price Gouging Act
|
02/07/2019
Sen. Sherrod Brown (D-OH)
|
02/07/2019 Referred to Committee on Finance |
- When there is a price spike, this bill imposes an excise tax ranging from 50%-100% of the price spike revenue received by the company.
- A price spike occurs when the price is increased by more than the price increase allowance, which is the percentage by which the Chained Consumer Price Index for All Urban Consumers (C-CPI-U) for that year exceeds the C-CPI-U for the previous year.
- HHS can exempt drugs from the excise tax if (1) a for-cause price increase exemption should apply, or (2) the drug has an average manufacturer price of not greater than $10 for a 30-day supply and is marketed by at least 3 other holders of FDA-approved applications.
- Pharmaceutical companies must submit data about drug prices and revenue to HHS, and HHS must submit an assessment of the data to the IRS.
|
S. 102
Prescription Drug Price Relief Act of 2019
|
01/10/2019
Sen. Bernard Sanders (I-VT)
|
01/10/2019 Referred to Committee on Health, Education, Labor, and Pensions |
- Establishes oversight and disclosure requirements to HHS relating to prices of brand-name drugs.
- Requires HHS to conduct annual review for excessive pricing of drugs.
- Prices are considered excessive if the domestic average manufacturing price exceeds the median price of the drug in Canada, the United Kingdom, Germany, France, and Japan. If the price does not exceed this average, or if data is unavailable in at least three of these countries, the price can still be considered excessive depending on several factors, including cost, revenue, the value of drug to patients, and the size of the affected patient population.
|
S. 99
Medicare Drug Price Negotiation Act
|
01/10/2019
Sen. Bernard Sanders (I-VT)
|
01/10/2019 Referred to Committee on Finance |
- Similar to H.R. 275, requires CMS to negotiate prices of covered drugs.
|
S. 62
Empowering Medicare Seniors to Negotiate Drug Prices Act of 2019
|
01/09/2019
Sen. Amy Klobuchar (D-MN)
|
01/09/2019 Referred to Committee on Finance |
- Similar to other legislation, requires CMS to negotiate prices of Medicare drugs and institute a price structure for reimbursement of covered drugs.
|