Elijah E. Cummings Lower Drug Costs Now Act
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HR 3 — Elijah E. Cummings Lower Drug Costs Now Act
Last action — Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 521.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In 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 “Passed House” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Elijah E. Cummings Lower Drug Costs Now Act This bill establishes several programs and requirements relating to the prices of prescription drugs, health care coverage and costs, and public health. TITLE I--LOWERING PRICES THROUGH FAIR DRUG PRICE NEGOTIATION The bill requires the Department of Health and Human Services (HHS) to negotiate prices for certain drugs. (Under current law, HHS may not negotiate the prices of covered drugs under the Medicare prescription drug benefit.) Specifically, HHS must negotiate maximum prices for (1) insulin products; (2) with respect to 2023, at least 25 single-source, brand-name drugs that do not have generic competition and that are among either the 125 drugs that account for the greatest national spending or the 125 drugs that account for the greatest spending under the Medicare prescription drug benefit and Medicare Advantage (MA); (3) beginning in 2024, at least 50 such single-source, brand-name drugs; and (4) newly approved single-source, brand-name drugs that meet or exceed a specified price threshold and that HHS determines are likely to meet the spending criteria. The negotiated prices must be offered under Medicare and MA 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. TITLE II--MEDICARE PARTS B AND D PRESCRIPTION DRUG INFLATION REBATES The bill also requires drug manufacturers, subject to civil penalties, to issue rebates to the Centers for Medicare & Medicaid Services (CMS) for covered drugs under Medicare that cost $100 or more and for which the average manufacturer price increases faster than inflation. TITLE III--PART D IMPROVEMENTS AND MAXIMUM OUT-OF-POCKET CAP FOR MEDICARE BENEFICIARIES The bill reduces the annual out-of-pocket spending threshold, and eliminates beneficiary cost-sharing above this threshold, under the Medicare prescription drug benefit. Additionally, prescription drug plan sponsors must allow certain beneficiaries to make coinsurance payments in periodic installments, in accordance with CMS requirements. TITLE IV--DRUG PRICE TRANSPARENCY Drug manufacturers must report, subject to civil penalties, specified information for certain drugs that cost $100 or more and that are covered under Medicare or Medicaid, based on the rate of price or spending increases. Among other things, manufacturers must report a qualifying price increase at least 30 days before the effective date of the increase; HHS must publish the information on its website the day the increase takes effect. TITLE V--PROGRAM IMPROVEMENTS FOR MEDICARE LOW-INCOME BENEFICIARIES The bill expands eligibility for certain premium and cost-sharing subsidies for low-income beneficiaries under the Medicare prescription drug benefit. For example, the bill (1) raises the maximum allowable income for beneficiaries to qualify, and (2) allows certain residents of U.S. territories to automatically qualify. TITLE VI--PROVIDING FOR DENTAL, VISION, AND HEARING COVERAGE UNDER THE MEDICARE PROGRAM The bill also expands Medicare coverage to include (1) dentures and dental and oral health services, including basic and major treatments (as determined by the CMS) as well as specified preventive and screening services; (2) hearing aids and hearing rehabilitation and treatment services; and (3) eyeglasses, contact lenses, and vision services, including routine eye examinations and contact lens fittings. TITLE VII--NIH, FDA, AND OPIOIDS FUNDING The bill provides additional funds for several public health programs. Among other things, the bill (1) provides specified funds for innovation projects at the National Institutes of Health through FY2030 and for innovation projects at the Food and Drug Administration through FY2029; and (2) establishes the Opioid Epidemic Response Fund to support HHS programs and initiatives, including the State Opioid Response Grant Program. Additionally, HHS must take a series of actions relating to health care administrative costs. Specifically, HHS must develop a strategy and take associated action to reduce unnecessary costs and administrative burdens in the health care system, including Medicare, Medicaid, and the private health-insurance market, by at least half over a period of 10 years. HHS must also award grants so that states may establish commissions targeting such costs. TITLE VIII--MISCELLANEOUS The bill also establishes and revises several other health care programs and requirements. For example, the bill (1) expands guaranteed issue rights with respect to Medigap policies (Medicare supplemental health-insurance policies); (2) provides specified funds for the Community Health Centers Fund through FY2025; (3) establishes grant programs to support mental health and trauma services in schools, as well as career development programs for health professionals; and (4) requires pass-through pricing models, and prohibits spread-pricing, for payment arrangements with pharmacy benefit managers under Medicaid. Additionally, the CMS must issue regulations that require direct-to-consumer television advertisements for all 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. (On May 10, 2019, the CMS issued a final rule titled Medicare and Medicaid Programs; Regulation to Require Drug Pricing Transparency. 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 was scheduled to take effect July 9, 2019; however, a federal court blocked implementation, citing a lack of statutory authority.)
Bill Text
What changed in the latest version
15 added · 3 removedPlain-language change summary
The amendments to the bill HR 3 include the addition of references indicating that it was placed on the Senate calendar and includes specific dates for when it was received and read in the Senate. The changes remove earlier references related to the bill's status in the House, specifically the indication of it being engrossed in the first session. These changes clarify the bill's current status and timeline within the legislative process.
3 EngrossedPlaced inon HouseCalendar (EH)]Senate (PCS)] <DOC> 116thCalendar CONGRESSNo. 1st Session H.
521 116th CONGRESS 2d Session H.
3 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES December 16, 2019 Received August 13, 2020 Read the first time September 8, 2020 Read the second time and placed on the calendar _______________________________________________________________________ AN ACT To establish a fair price negotiation program, protect the Medicare program from excessive price increases, and establish an out-of-pocket maximum for Medicare part D enrollees, and for other purposes.
Clerk.CHERYL L.
116thJOHNSON, CONGRESSClerk. 1st Session H.
Calendar No.
521 116th CONGRESS 2d Session H.
_______________________________________________________________________ September 8, 2020 Read the second time and placed on the calendar
View plain text versions (4)
- Placed on Calendar Senate View text Current html September 08, 2020
- Engrossed Engrossed in House html December 12, 2019
- Reported Reported in House html December 09, 2019
- Introduced Introduced in House html September 19, 2019
Compared against current U.S. Code AI-generated reading aid — verify against the official bill.
The bill establishes a Fair Price Negotiation Program to lower drug prices and introduces new definitions and provisions regarding drug pricing and negotiation processes.
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Title XI of the Social Security Act (42 U.S.C. 1301 et seq.)
PART E--FAIR PRICE NEGOTIATION PROGRAM TO LOWER PRICES FOR CERTAIN HIGH-PRICED SINGLE SOURCE DRUGS
The bill creates a new part in Title XI of the Social Security Act for a Fair Price Negotiation Program.
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Section 1191
(a) In General.--The Secretary shall establish a Fair Price Negotiation Program (in this part referred to as the 'program'). Under the program, with respect to each price applicability period, the Secretary shall-- (1) publish a list of selected drugs in accordance with section 1192; (2) enter into agreements with manufacturers of selected drugs with respect to such period, in accordance with section 1193; (3) negotiate and, if applicable, renegotiate maximum fair prices for such selected drugs, in accordance with section 1194; and (4) carry out the administrative duties described in section 1196.
This section requires the Secretary to establish and administer a program to negotiate drug prices.
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Section 1191
(b) Definitions Relating to Timing.--For purposes of this part: (1) Initial price applicability year.--The term 'initial price applicability year' means a plan year (beginning with plan year 2023) or, if agreed to in an agreement under section 1193 by the Secretary and manufacturer involved, a period of more than one plan year (beginning on or after January 1, 2023). (2) Price applicability period.--The term 'price applicability period' means, with respect to a drug, the period beginning with the initial price applicability year with respect to which such drug is a selected drug and ending with the last plan year during which the drug is a selected drug.
This section defines the time frames for the Fair Price Negotiation Program.
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Section 1191
(c) Other Definitions.--For purposes of this part: (1) Fair price eligible individual.--The term 'fair price eligible individual' means, with respect to a selected drug-- (A) in the case such drug is furnished or dispensed to the individual at a pharmacy or by a mail order service-- (i) an individual who is enrolled under a prescription drug plan under part D of title XVIII or an MA-PD plan under part C of such title if coverage is provided under such plan for such selected drug; and (ii) an individual who is enrolled under a group health plan or health insurance coverage offered in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act) with respect to which there is in effect an agreement with the Secretary under section 1197 with respect to such selected drug as so furnished or dispensed; and (B) in the case such drug is furnished or administered to the individual by a hospital, physician, or other provider of services or supplier-- (i) an individual who is entitled to benefits under part A of title XVIII or enrolled under part B of such title if such selected drug is covered under the respective part; and (ii) an individual who is enrolled under a group health plan or health insurance coverage offered in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act) with respect to which there is in effect an agreement with the Secretary under section 1197 with respect to such selected drug as so furnished or administered.
This section defines who qualifies as a 'fair price eligible individual' under the program.
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Section 1191
(2) Maximum fair price.--The term 'maximum fair price' means, with respect to a plan year during a price applicability period and with respect to a selected drug, the price published pursuant to section 1195 in the Federal Register for such drug and year.
This section defines 'maximum fair price' related to the negotiated drug prices.
Action History
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Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 521.
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Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
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Received in the Senate.
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Considered as unfinished business. (consideration: CR H10129-10225; text: CR H10141-10167)
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The House resolved into Committee of the Whole House on the state of the Union for further consideration.
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GENERAL DEBATE - The Committee of the Whole proceeded with one hour of further debate on H.R. 3.
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DEBATE - Pursuant to the provisions of H.Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Walden amendment No. 1.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Walden amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Walden demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
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DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Tonko amendment No. 2.
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DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Peters amendment No. 3.
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DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Kennedy amendment No. 4.
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DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the O'Halleran amendment No. 5.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the O'Halleran amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. O'Halleran demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
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DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Kennedy amendment No. 6.
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DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Gottheimer amendment No. 7.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Gottheimer amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Gottheimer demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
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DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Axne amendment No. 8.
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DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Finkenauer amendment No. 9.
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DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Luria amendment No. 10.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Luria amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Walden demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
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DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Cunningham amendment No. 11.
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POSTPONED PROCEEDINGS - At the conclusion of debate on the Cunningham amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Roe (TN) demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
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DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Houlahan amendment No. 12.
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UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which were debated earlier and on which further proceedings had been postponed.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3.
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The previous question was ordered pursuant to the rule.
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The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
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Mr. Upton moved to recommit with instructions to the Committee on Energy and Commerce. (text: CR H10223)
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DEBATE - The House proceeded with 10 minutes of debate on the Upton motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to change the effective date of the Act until the Secretary of Health and Human Services certifies that the implementation of the provisions in the bill are not projected to result in fewer new drug applications with respect to unmet medical needs and life saving cures.
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The previous question on the motion to recommit with instructions was ordered without objection.
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On motion to recommit with instructions Failed by the Yeas and Nays: 196 - 226 (Roll no. 681).
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Passed/agreed to in House: On passage Passed by the Yeas and Nays: 230 - 192 (Roll no. 682).
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On passage Passed by the Yeas and Nays: 230 - 192 (Roll no. 682).
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Motion to reconsider laid on the table Agreed to without objection.
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Considered under the provisions of rule H. Res. 758. (consideration: CR H10096-10117)
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The rule provides for consideration of H.R. 3, under a structured rule, with 4 hours of general debate. The rule provides for consideration of H.R. 5038 under a closed rule, with 1 hour of general debate. The rule provides for consideration of the conference report to accompany S. 1790 with 1 hour of debate.
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House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 758 and Rule XVIII.
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The Speaker designated the Honorable Donald M. Payne, Jr. to act as Chairman of the Committee.
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GENERAL DEBATE - The Committee of the Whole proceeded with four hours of general debate on H.R. 3.
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Mr. Scott (VA) moved that the Committee rise.
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On motion that the Committee rise Agreed to by voice vote.
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Committee of the Whole House on the state of the Union rises leaving H.R. 3 as unfinished business.
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Rules Committee Resolution H. Res. 758 Reported to House. The rule provides for consideration of H.R. 3, under a structured rule, with 4 hours of general debate. The rule provides for consideration of H.R. 5038 under a closed rule, with 1 hour of general debate. The rule provides for consideration of the conference report to accompany S. 1790 with 1 hour of debate.
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Reported (Amended) by the Committee on Education and Labor. H. Rept. 116-324, Part III.
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Reported (Amended) by the Committee on Education and Labor. H. Rept. 116-324, Part III.
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Placed on the Union Calendar, Calendar No. 264.
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Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 116-324, Part I.
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Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 116-324, Part I.
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Reported (Amended) by the Committee on Ways and Means. H. Rept. 116-324, Part II.
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Reported (Amended) by the Committee on Ways and Means. H. Rept. 116-324, Part II.
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House Committee on Education and Labor Granted an extension for further consideration ending not later than Dec. 9, 2019.
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Committee Consideration and Mark-up Session Held.
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Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 24 - 17.
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Committee Consideration and Mark-up Session Held.
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Ordered to be Reported by the Yeas and Nays: 30 - 22.
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Subcommittee on Health Discharged.
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Committee Consideration and Mark-up Session Held.
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Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 21.
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Subcommittee Hearings Held.
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Referred to the Subcommittee on Health.
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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 Committees on Ways and Means, and Education and Labor, 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 Committees on Ways and Means, and Education and Labor, 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 Committees on Ways and Means, and Education and Labor, 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
- Richard E. Neal · Cosponsor
- Robert C. "Bobby" Scott · Cosponsor
- John B. Larson · Cosponsor
- Ann M. Kuster · Cosponsor
- Diana DeGette · Cosponsor
- Bobby L. Rush · Cosponsor
- Donna E. Shalala · Cosponsor
- Tim Ryan · Cosponsor
- Joseph D. Morelle · Cosponsor
- Gregorio Kilili Camacho Sablan · Cosponsor
- Ed Case · Cosponsor
- Eliot L. Engel · Cosponsor
- Kathy Castor · Cosponsor
- Lois Frankel · Cosponsor
- Dwight Evans · Cosponsor
- Joe Courtney · Cosponsor
- Donald Norcross · Cosponsor
- Gwen Moore · Cosponsor
- Daniel T. Kildee · Cosponsor
- Eleanor Holmes Norton · Cosponsor
- James P. McGovern · Cosponsor
- Peter J. Visclosky · Cosponsor
- Salud O. Carbajal · Cosponsor
- Chris Pappas · Cosponsor
- Suzanne Bonamici · Cosponsor
- Katie Hill · Cosponsor
- Jahana Hayes · Cosponsor
- Matt Cartwright · Cosponsor
- Jerry McNerney · Cosponsor
- Lisa Blunt Rochester · Cosponsor
- Andy Kim · Cosponsor
- David J. Trone · Cosponsor
- Colin Z. Allred · Cosponsor
- Max Rose · Cosponsor
- Mike Thompson · Cosponsor
- Grace Meng · Cosponsor
- Steve Cohen · Cosponsor
- Thomas R. Suozzi · Cosponsor
- Susan Wild · Cosponsor
- Anna G. Eshoo · Cosponsor
- Darren Soto · Cosponsor
- Steven Horsford · Cosponsor
- Filemon Vela · Cosponsor
- Joyce Beatty · Cosponsor
- Debbie Wasserman Schultz · Cosponsor
- William R. Keating · Cosponsor
- Jared F. Golden · Cosponsor
- Adam B. Schiff · Cosponsor
- Angie Craig · Cosponsor
- Peter Welch · Cosponsor
- Michael F. Doyle · Cosponsor
- Sylvia R. Garcia · Cosponsor
- Danny K. Davis · Cosponsor
- Raul Ruiz · Cosponsor
- Doris O. Matsui · Cosponsor
- Elissa Slotkin · Cosponsor
- Frederica S. Wilson · Cosponsor
- David Loebsack · Cosponsor
- Charlie Crist · Cosponsor
- Cheri Bustos · Cosponsor
- Debbie Mucarsel-Powell · Cosponsor
- Sean Casten · Cosponsor
- Kim Schrier · Cosponsor
- Henry Cuellar · Cosponsor
- Jennifer Wexton · Cosponsor
- Emanuel Cleaver · Cosponsor
- Janice D. Schakowsky · Cosponsor
- John P. Sarbanes · Cosponsor
- Sean Patrick Maloney · Cosponsor
- Lawson, Al, Jr. · Cosponsor
- Dean Phillips · Cosponsor
- Bradley Scott Schneider · Cosponsor
- Gregory W. Meeks · Cosponsor
- Adriano Espaillat · Cosponsor
- Stephen F. Lynch · Cosponsor
- Brian Higgins · Cosponsor
- James R. Langevin · Cosponsor
- Judy Chu · Cosponsor
- Haley M. Stevens · Cosponsor
- Ed Perlmutter · Cosponsor
- Sharice Davids · Cosponsor
- Cynthia Axne · Cosponsor
- Alcee L. Hastings · Cosponsor
- Donald S. Beyer · Cosponsor
- Nita M. Lowey · Cosponsor
- A. Donald McEachin · Cosponsor
- Norma J. Torres · Cosponsor
- Donald M. Payne · Cosponsor
- Mary Gay Scanlon · Cosponsor
- Theodore E. Deutch · Cosponsor
- John A. Yarmuth · Cosponsor
- Abigail Davis Spanberger · Cosponsor
- Hakeem S. Jeffries · Cosponsor
- Lucy McBath · Cosponsor
- Debbie Dingell · Cosponsor
- Abby Finkenauer · Cosponsor
- John Garamendi · Cosponsor
- Betty McCollum · Cosponsor
- Marc A. Veasey · Cosponsor
- Joaquin Castro · Cosponsor
- Vicente Gonzalez · Cosponsor
- Karen Bass · Cosponsor
- Sanford D. Bishop · Cosponsor
- Adam Smith · Cosponsor
- Alan S. Lowenthal · Cosponsor
- Lizzie Fletcher · Cosponsor
- Frank Pallone · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 106 co-sponsors · 440 not signed on
Sponsors (1)
- Pallone, Frank Democratic
Co-sponsors (106)
- Neal, Richard E. Democratic
- Scott, Robert C. "Bobby" Democratic
- Larson, John B. Democratic
- Kuster, Ann M. Democratic
- DeGette, Diana Democratic
- Rush, Bobby L. Democratic
- Shalala, Donna E. Democratic
- Ryan, Tim Democratic
- Morelle, Joseph D. Democratic
- Sablan, Gregorio Kilili Camacho Democratic
- Case, Ed Democratic
- Engel, Eliot L. Democratic
- Castor, Kathy Democratic
- Frankel, Lois Democratic
- Evans, Dwight Democratic
- Courtney, Joe Democratic
- Norcross, Donald Democratic
- Moore, Gwen Democratic
- Kildee, Daniel T. Democratic
- Norton, Eleanor Holmes Democratic
- McGovern, James P. Democratic
- Visclosky, Peter J. Democratic
- Carbajal, Salud O. Democratic
- Pappas, Chris Democratic
- Bonamici, Suzanne Democratic
- Hill, Katie Democratic
- Hayes, Jahana Democratic
- Cartwright, Matt Democratic
- McNerney, Jerry Democratic
- Blunt Rochester, Lisa Democratic
- Kim, Andy Democratic
- Trone, David J. Democratic
- Allred, Colin Z. Democratic
- Rose, Max Democratic
- Thompson, Mike Democratic
- Meng, Grace Democratic
- Cohen, Steve Democratic
- Suozzi, Thomas R. Democratic
- Wild, Susan Democratic
- Eshoo, Anna G. Democratic
- Soto, Darren Democratic
- Horsford, Steven Democratic
- Vela, Filemon Democratic
- Beatty, Joyce Democratic
- Wasserman Schultz, Debbie Democratic
- Keating, William R. Democratic
- Golden, Jared F. Democratic
- Schiff, Adam B. Democratic
- Craig, Angie Democratic
- Welch, Peter Democratic
- Doyle, Michael F. Democratic
- Garcia, Sylvia R. Democratic
- Davis, Danny K. Democratic
- Ruiz, Raul Democratic
- Matsui, Doris O. Democratic
- Slotkin, Elissa Democratic
- Wilson, Frederica S. Democratic
- Loebsack, David Democratic
- Crist, Charlie Democratic
- Bustos, Cheri Democratic
- Mucarsel-Powell, Debbie Democratic
- Casten, Sean Democratic
- Schrier, Kim Democratic
- Cuellar, Henry Democratic
- Wexton, Jennifer Democratic
- Cleaver, Emanuel Democratic
- Schakowsky, Janice D. Democratic
- Sarbanes, John P. Democratic
- Maloney, Sean Patrick Democratic
- Lawson, Al, Jr. Democratic
- Phillips, Dean Democratic
- Schneider, Bradley Scott Democratic
- Meeks, Gregory W. Democratic
- Espaillat, Adriano Democratic
- Lynch, Stephen F. Democratic
- Higgins, Brian Democratic
- Langevin, James R. Democratic
- Chu, Judy Democratic
- Stevens, Haley M. Democratic
- Perlmutter, Ed Democratic
- Davids, Sharice Democratic
- Axne, Cynthia Democratic
- Hastings, Alcee L. Democratic
- Beyer, Donald S. Democratic
- Lowey, Nita M. Democratic
- McEachin, A. Donald Democratic
- Torres, Norma J. Democratic
- Payne, Donald M. Democratic
- Scanlon, Mary Gay Democratic
- Deutch, Theodore E. Democratic
- Yarmuth, John A. Democratic
- Spanberger, Abigail Davis Democratic
- Jeffries, Hakeem S. Democratic
- McBath, Lucy Democratic
- Dingell, Debbie Democratic
- Finkenauer, Abby Democratic
- Garamendi, John Democratic
- McCollum, Betty Democratic
- Veasey, Marc A. Democratic
- Castro, Joaquin Democratic
- Gonzalez, Vicente Democratic
- Bass, Karen Democratic
- Bishop, Sanford D. Democratic
- Smith, Adam Democratic
- Lowenthal, Alan S. Democratic
- Fletcher, Lizzie Democratic
Not signed on (440)
440 members have not signed on to this bill.
Show all 440 →"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 3 do?
- Elijah E. Cummings Lower Drug Costs Now Act This bill establishes several programs and requirements relating to the prices of prescription drugs, health care coverage and costs, and public health. TITLE I--LOWERING PRICES THROUGH FAIR DRUG PRICE NEGOTIATION The bill requires the Department of Health and Human Services (HHS) to negotiate prices for certain drugs. (Under current law, HHS may not negotiate the prices of covered drugs under the Medicare prescription drug benefit.) Specifically, HHS must negotiate maximum prices for (1) insulin products; (2) with respect to 2023, at least 25 single-source, brand-name drugs that do not have generic competition and that are among either the 125 drugs that account for the greatest national spending or the 125 drugs that account for the greatest spending under the Medicare prescription drug benefit and Medicare Advantage (MA); (3) beginning in 2024, at least 50 such single-source, brand-name drugs; and (4) newly approved single-source, brand-name drugs that meet or exceed a specified price threshold and that HHS determines are likely to meet the spending criteria. The negotiated prices must be offered under Medicare and MA 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. TITLE II--MEDICARE PARTS B AND D PRESCRIPTION DRUG INFLATION REBATES The bill also requires drug manufacturers, subject to civil penalties, to issue rebates to the Centers for Medicare & Medicaid Services (CMS) for covered drugs under Medicare that cost $100 or more and for which the average manufacturer price increases faster than inflation. TITLE III--PART D IMPROVEMENTS AND MAXIMUM OUT-OF-POCKET CAP FOR MEDICARE BENEFICIARIES The bill reduces the annual out-of-pocket spending threshold, and eliminates beneficiary cost-sharing above this threshold, under the Medicare prescription drug benefit. Additionally, prescription drug plan sponsors must allow certain beneficiaries to make coinsurance payments in periodic installments, in accordance with CMS requirements. TITLE IV--DRUG PRICE TRANSPARENCY Drug manufacturers must report, subject to civil penalties, specified information for certain drugs that cost $100 or more and that are covered under Medicare or Medicaid, based on the rate of price or spending increases. Among other things, manufacturers must report a qualifying price increase at least 30 days before the effective date of the increase; HHS must publish the information on its website the day the increase takes effect. TITLE V--PROGRAM IMPROVEMENTS FOR MEDICARE LOW-INCOME BENEFICIARIES The bill expands eligibility for certain premium and cost-sharing subsidies for low-income beneficiaries under the Medicare prescription drug benefit. For example, the bill (1) raises the maximum allowable income for beneficiaries to qualify, and (2) allows certain residents of U.S. territories to automatically qualify. TITLE VI--PROVIDING FOR DENTAL, VISION, AND HEARING COVERAGE UNDER THE MEDICARE PROGRAM The bill also expands Medicare coverage to include (1) dentures and dental and oral health services, including basic and major treatments (as determined by the CMS) as well as specified preventive and screening services; (2) hearing aids and hearing rehabilitation and treatment services; and (3) eyeglasses, contact lenses, and vision services, including routine eye examinations and contact lens fittings. TITLE VII--NIH, FDA, AND OPIOIDS FUNDING The bill provides additional funds for several public health programs. Among other things, the bill (1) provides specified funds for innovation projects at the National Institutes of Health through FY2030 and for innovation projects at the Food and Drug Administration through FY2029; and (2) establishes the Opioid Epidemic Response Fund to support HHS programs and initiatives, including the State Opioid Response Grant Program. Additionally, HHS must take a series of actions relating to health care administrative costs. Specifically, HHS must develop a strategy and take associated action to reduce unnecessary costs and administrative burdens in the health care system, including Medicare, Medicaid, and the private health-insurance market, by at least half over a period of 10 years. HHS must also award grants so that states may establish commissions targeting such costs. TITLE VIII--MISCELLANEOUS The bill also establishes and revises several other health care programs and requirements. For example, the bill (1) expands guaranteed issue rights with respect to Medigap policies (Medicare supplemental health-insurance policies); (2) provides specified funds for the Community Health Centers Fund through FY2025; (3) establishes grant programs to support mental health and trauma services in schools, as well as career development programs for health professionals; and (4) requires pass-through pricing models, and prohibits spread-pricing, for payment arrangements with pharmacy benefit managers under Medicaid. Additionally, the CMS must issue regulations that require direct-to-consumer television advertisements for all 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. (On May 10, 2019, the CMS issued a final rule titled Medicare and Medicaid Programs; Regulation to Require Drug Pricing Transparency. 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 was scheduled to take effect July 9, 2019; however, a federal court blocked implementation, citing a lack of statutory authority.)
- Who sponsors HR 3?
- HR 3 is sponsored by Neal, Richard E. (Democratic), Scott, Robert C. "Bobby" (Democratic), Larson, John B. (Democratic), Kuster, Ann M. (Democratic), DeGette, Diana (Democratic), Rush, Bobby L. (Democratic), Shalala, Donna E. (Democratic), Ryan, Tim (Democratic), Morelle, Joseph D. (Democratic), Sablan, Gregorio Kilili Camacho (Democratic), Case, Ed (Democratic), Engel, Eliot L. (Democratic), Castor, Kathy (Democratic), Frankel, Lois (Democratic), Evans, Dwight (Democratic), Courtney, Joe (Democratic), Norcross, Donald (Democratic), Moore, Gwen (Democratic), Kildee, Daniel T. (Democratic), Norton, Eleanor Holmes (Democratic), McGovern, James P. (Democratic), Visclosky, Peter J. (Democratic), Carbajal, Salud O. (Democratic), Pappas, Chris (Democratic), Bonamici, Suzanne (Democratic), Hill, Katie (Democratic), Hayes, Jahana (Democratic), Cartwright, Matt (Democratic), McNerney, Jerry (Democratic), Blunt Rochester, Lisa (Democratic), Kim, Andy (Democratic), Trone, David J. (Democratic), Allred, Colin Z. (Democratic), Rose, Max (Democratic), Thompson, Mike (Democratic), Meng, Grace (Democratic), Cohen, Steve (Democratic), Suozzi, Thomas R. (Democratic), Wild, Susan (Democratic), Eshoo, Anna G. (Democratic), Soto, Darren (Democratic), Horsford, Steven (Democratic), Vela, Filemon (Democratic), Beatty, Joyce (Democratic), Wasserman Schultz, Debbie (Democratic), Keating, William R. (Democratic), Golden, Jared F. (Democratic), Schiff, Adam B. (Democratic), Craig, Angie (Democratic), Welch, Peter (Democratic), Doyle, Michael F. (Democratic), Garcia, Sylvia R. (Democratic), Davis, Danny K. (Democratic), Ruiz, Raul (Democratic), Matsui, Doris O. (Democratic), Slotkin, Elissa (Democratic), Wilson, Frederica S. (Democratic), Loebsack, David (Democratic), Crist, Charlie (Democratic), Bustos, Cheri (Democratic), Mucarsel-Powell, Debbie (Democratic), Casten, Sean (Democratic), Schrier, Kim (Democratic), Cuellar, Henry (Democratic), Wexton, Jennifer (Democratic), Cleaver, Emanuel (Democratic), Schakowsky, Janice D. (Democratic), Sarbanes, John P. (Democratic), Maloney, Sean Patrick (Democratic), Lawson, Al, Jr. (Democratic), Phillips, Dean (Democratic), Schneider, Bradley Scott (Democratic), Meeks, Gregory W. (Democratic), Espaillat, Adriano (Democratic), Lynch, Stephen F. (Democratic), Higgins, Brian (Democratic), Langevin, James R. (Democratic), Chu, Judy (Democratic), Stevens, Haley M. (Democratic), Perlmutter, Ed (Democratic), Davids, Sharice (Democratic), Axne, Cynthia (Democratic), Hastings, Alcee L. (Democratic), Beyer, Donald S. (Democratic), Lowey, Nita M. (Democratic), McEachin, A. Donald (Democratic), Torres, Norma J. (Democratic), Payne, Donald M. (Democratic), Scanlon, Mary Gay (Democratic), Deutch, Theodore E. (Democratic), Yarmuth, John A. (Democratic), Spanberger, Abigail Davis (Democratic), Jeffries, Hakeem S. (Democratic), McBath, Lucy (Democratic), Dingell, Debbie (Democratic), Finkenauer, Abby (Democratic), Garamendi, John (Democratic), McCollum, Betty (Democratic), Veasey, Marc A. (Democratic), Castro, Joaquin (Democratic), Gonzalez, Vicente (Democratic), Bass, Karen (Democratic), Bishop, Sanford D. (Democratic), Smith, Adam (Democratic), Lowenthal, Alan S. (Democratic), Fletcher, Lizzie (Democratic), and Pallone, Frank (Democratic).
- What is the current status of HR 3?
- This bill died with 116th Congress. It reached “Passed House” 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 3?
- Track HR 3 free on One Click Politics — get push/email alerts when it moves.
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