[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2815 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2815
To amend title XVIII of the Social Security Act to provide for a
temporary payment increase under the Medicare program for certain
biosimilar biological products to encourage the development and use of
such products.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 2021
Mr. Schrader (for himself and Mr. Kinzinger) 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
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A BILL
To amend title XVIII of the Social Security Act to provide for a
temporary payment increase under the Medicare program for certain
biosimilar biological products to encourage the development and use of
such products.
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 ``Bolstering Innovative Options to
Save Immediately on Medicines Act'' or the ``BIOSIM Act''.
SEC. 2. TEMPORARY INCREASE IN MEDICARE PART B PAYMENT FOR CERTAIN
BIOSIMILAR BIOLOGICAL PRODUCTS.
Section 1847A(b)(8) of the Social Security Act (42 U.S.C. 1395w-
3a(b)(8)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving the margin of each such
redesignated clause 2 ems to the right;
(2) by striking ``product.--The amount'' and inserting the
following: ``product.--
``(A) In general.--Subject to subparagraph (B), the
amount''; and
(3) by adding at the end the following new subparagraph:
``(B) Temporary payment increase.--
``(i) In general.--In the case of a
qualifying biosimilar biological product that
is furnished during the applicable 5-year
period for such product, the amount specified
in this paragraph for such product with respect
to such period is the sum determined under
subparagraph (A), except that clause (ii) of
such subparagraph shall be applied by
substituting `8 percent' for `6 percent'.
``(ii) Applicable 5-year period.--For
purposes of clause (i), the applicable 5-year
period for a biosimilar biological product is--
``(I) in the case of such a product
for which payment was made under this
paragraph as of December 31, 2021, the
5-year period beginning on January 1,
2022; and
``(II) in the case of such a
product for which payment is first made
under this paragraph during a calendar
quarter during the period beginning
January 1, 2022, and ending December
31, 2026, the 5-year period beginning
on the first day of such calendar
quarter during which such payment is
first made.
``(iii) Qualifying biosimilar biological
product defined.--For purposes of this
subparagraph, the term `qualifying biosimilar
biological product' means a biosimilar
biological product described in paragraph
(1)(C) with respect to which--
``(I) in the case of a product
described in clause (ii)(I), the
average sales price is not more than
the average sales price for the
reference biological product; and
``(II) in the case of a product
described in clause (ii)(II), the
wholesale acquisition cost is not more
than the wholesale acquisition cost for
the reference biological product''.
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