HR 3327 — Drug Price Transparency for Medicare Patients Act of 2019
Last action — Referred to the Subcommittee on Health.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
Drug Price Transparency for Medicare Patients Act of 2019 This bill provides statutory authority for the Centers for Medicare & Medicaid Services rule titled "Medicare and Medicaid Programs; Regulation to Require Drug Pricing Transparency," published on May 10, 2019. The rule requires direct-to-consumer television advertisements for covered drugs and biologics under Medicare and Medicaid to include the list price of a 30-day supply or for a typical course of treatment, if the list price is at least $35 per month. The rule takes effect July 9, 2019.
Bill Text
- Introduced Introduced in House Current html June 18, 2019
Compared against current U.S. Code AI-generated reading aid — verify against the official bill.
The bill adds a new requirement for direct-to-consumer television advertisements for prescription drugs and biological products to include their list prices.
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Title XI of the Social Security Act (42 U.S.C. 1301 et seq.)
SEC. 1150C. REQUIREMENT THAT DIRECT-TO-CONSUMER TELEVISION ADVERTISEMENTS FOR PRESCRIPTION DRUGS AND BIOLOGICAL PRODUCTS INCLUDE LIST PRICE OF SUCH DRUGS AND PRODUCTS. (a) In General.--Subject to subsection (b), the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services (referred to in this section as the `Secretary'), shall require that each direct-to-consumer advertisement on television (including broadcast, cable, streaming, or satellite media) for a prescription drug or biological product for which payment is made available under title XVIII or XIX includes a written statement indicating the current list price for a 30-day supply of (or, if determined more appropriate by the Secretary, a typical course of treatment with) such drug or product as follows: `The list price for a [30-day supply of, or a typical course of treatment with] [name of prescription drug or biological product] is [current list price]. If you have health insurance that covers drugs, your cost may be different.'. Such statement shall be presented at the end of such an advertisement against a contrasting background for sufficient duration and in a size and style of font that allows such statement to be read easily.
This establishes a requirement for price transparency in direct-to-consumer advertisements for prescription drugs and biological products.
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Title XI of the Social Security Act (42 U.S.C. 1301 et seq.)
(b) Exception.--The requirement described in subsection (a) shall not apply with respect to a prescription drug or biological product that has a current list price less than $35 per month for a 30-day supply of, or a typical course of treatment with, such drug or product.
This provides an exception to the advertising requirement for drugs priced under $35.
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Title XI of the Social Security Act (42 U.S.C. 1301 et seq.)
(c) Identification of Noncompliant Drugs and Products.--In the case that a direct-to-consumer advertisement described in subsection (a) does not include a written statement as required under such subsection and is not excepted with respect to such statement under subsection (b), the Secretary shall identify the prescription drug or biological product that is the subject of such advertisement as a drug or product advertised in violation of the requirement of subsection (a). The Secretary shall maintain a public list of all prescription drugs and biological products identified pursuant to the previous sentence.
This mandates the Secretary to identify and publicly list noncompliant advertisements.
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Title XI of the Social Security Act (42 U.S.C. 1301 et seq.)
(d) Definitions.--In this section: (1) Current list price.--The term `current list price', with respect to a prescription drug or biological product described in subsection (a) and a direct-to-consumer advertisement described in such subsection for such drug or product, means the wholesale acquisition cost (as defined in section 1847A(c)(6)) of such drug or product as of the first day of the quarter during which such advertisement is aired or otherwise broadcast. (2) Typical course of treatment.--The term `typical course of treatment', with respect to a prescription drug or biological product described in subsection (a) and a direct-to-consumer advertisement described in such subsection for such drug or product, means the typical course of treatment associated with the primary indication addressed in such advertisement for which such drug or product is prescribed.
This provides definitions for 'current list price' and 'typical course of treatment' to clarify the terms used in the new section.
Action History
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Introduced in House
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Introduced in House
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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.
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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.
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Referred to the Subcommittee on Health.
Sponsors
- Francis Rooney · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
- Rooney, Francis Republican
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HR 3327 do?
- Drug Price Transparency for Medicare Patients Act of 2019 This bill provides statutory authority for the Centers for Medicare & Medicaid Services rule titled "Medicare and Medicaid Programs; Regulation to Require Drug Pricing Transparency," published on May 10, 2019. The rule requires direct-to-consumer television advertisements for covered drugs and biologics under Medicare and Medicaid to include the list price of a 30-day supply or for a typical course of treatment, if the list price is at least $35 per month. The rule takes effect July 9, 2019.
- Who sponsors HR 3327?
- HR 3327 is sponsored by Rooney, Francis (Republican).
- What is the current status of HR 3327?
- This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HR 3327?
- Track HR 3327 free on One Click Politics — get push/email alerts when it moves.
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