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HOUSE 3117th CongressReferred to the Subcommittee on Oversight and Investigations.

Elijah E. Cummings Lower Drug Costs Now Act

Last Action
4/27/2021

Actions

  • 2021-04-27Referred to the Subcommittee on Oversight and Investigations.
  • 2021-04-23Referred to the Subcommittee on Health.
  • 2021-04-22Referred to the Subcommittee on Health.
  • 2021-04-22Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, Oversight and Reform, and Veterans' Affairs, 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.
  • 2021-04-22Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, Oversight and Reform, and Veterans' Affairs, 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.
  • 2021-04-22Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, Oversight and Reform, and Veterans' Affairs, 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.
  • 2021-04-22Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, Oversight and Reform, and Veterans' Affairs, 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.
  • 2021-04-22Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, Oversight and Reform, and Veterans' Affairs, 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.
  • 2021-04-22Introduced in House
  • 2021-04-22Introduced in House

CRS Summary

As of 2021-04-22 (00)

Elijah E. Cummings Lower Drug Costs Now Act

This bill establishes several programs and requirements relating to the prices of prescription drugs.

In particular, the bill requires the Department of Health and Human Services (HHS) to negotiate prices for certain drugs (current law prohibits HHS from doing so). Specifically, HHS must negotiate maximum prices for single-source, brand-name drugs that lack certain generics and that are among either the 125 drugs that account for the greatest national spending or the 125 drugs that account for the greatest Medicare spending. HHS must negotiate the prices of at least 25 such drugs for 2024 and of at least 50 such drugs thereafter and must also negotiate prices for certain newly approved drugs and for insulin products. The negotiated prices must be offered under Medicare and may also be offered under private health insurance unless the insurer opts out.

The negotiated maximum price may not exceed (1) 120% of the average price in Australia, Canada, France, Germany, Japan, and the United Kingdom; or (2) if such information is not available, 85% of the U.S. average manufacturer price. Drug manufacturers that fail to comply with the bill's negotiation requirements are subject to civil and tax penalties.

The bill also makes a series of additional changes to Medicare prescription drug coverage and pricing, including by (1) requiring drug manufacturers to issue rebates to the Centers for Medicare & Medicaid Services for covered drugs that cost $100 or more and for which the average manufacturer price increases faster than inflation, and (2) capping annual out-of-pocket spending under the Medicare prescription drug benefit.

The bill also requires drug manufacturers to report specified information for certain high-cost drugs, and it provides funds for opioid epidemic initiatives and biomedical research.

Cosponsors (20)

  • RICHARD NEAL (D-MA)
  • Robert Scott (D-VA)
  • Peter Welch (D-VT)
  • Thomas Suozzi (D-NY)
  • Daniel Kildee (D-MI)
  • Nanette Barragan (D-CA)
  • Dwight Evans (D-PA)
  • DANNY DAVIS (D-IL)
  • Frederica Wilson (D-FL)
  • MIKE THOMPSON (D-CA)
  • Jimmy Gomez (D-CA)
  • DIANA DEGETTE (D-CO)
  • Debbie Dingell (D-MI)
  • Steven Horsford (D-NV)
  • JOHN LARSON (D-CT)
  • MIKE DOYLE (D-PA)
  • KWEISI MFUME (D-MD)
  • Jerry McNerney (D-CA)
  • Darren Soto (D-FL)
  • Gregorio Sablan (D-MP)

Subjects

  • Administrative law and regulatory procedures
  • Advanced technology and technological innovations
  • Appropriations
  • Centers for Disease Control and Prevention (CDC)
  • Civil actions and liability
  • Congressional oversight
  • Customs enforcement
  • Department of Health and Human Services
  • Department of Labor
  • Department of the Treasury
  • Digestive and metabolic diseases
  • Drug safety, medical device, and laboratory regulation
  • Drug therapy
  • Drug trafficking and controlled substances
  • Drug, alcohol, tobacco use
  • Employee benefits and pensions
  • Executive agency funding and structure
  • First responders and emergency personnel
  • Food and Drug Administration (FDA)
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.