[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1244 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1244
To amend title XVIII of the Social Security Act to require that
coinsurance for drugs under Medicare part D be based on the drug's
actual acquisition cost and not the drug's wholesale acquisition cost.
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IN THE HOUSE OF REPRESENTATIVES
February 12, 2025
Mr. Davis of North Carolina (for himself and Mr. Pfluger) 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 require that
coinsurance for drugs under Medicare part D be based on the drug's
actual acquisition cost and not the drug's wholesale acquisition cost.
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 ``Reducing Drug Prices for Seniors
Act''.
SEC. 2. REQUIRING THAT COINSURANCE FOR DRUGS UNDER MEDICARE PART D BE
BASED ON THE DRUG'S ACTUAL ACQUISITION COST AND NOT THE
DRUG'S WHOLESALE ACQUISITION COST.
Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102) is
amended--
(1) in subsection (b)--
(A) in paragraph (2)(A), in the matter preceding
clause (i), by striking ``and (9)'' and inserting ``,
(9), and (10)''; and
(B) by adding at the end the following new
paragraph:
``(10) Requirement that coinsurance for covered part d
drugs be based on the actual acquisition cost of the drug.--
``(A) In general.--For plan years beginning on or
after January 1, 2026, for costs above the annual
deductible specified in paragraph (1) and below the
annual out-of-pocket threshold specified in paragraph
(4), any coinsurance amount for a covered part D drug
(insofar as such covered part D drug is included on the
formulary and subject to coinsurance rather than a
copayment) shall be calculated based on the actual
acquisition cost (and not the wholesale acquisition
cost) of such covered part D drug if such actual
acquisition cost is lower than the wholesale
acquisition cost of such covered part D drug. The
preceding sentence shall not apply to a covered part D
drug described in paragraph (8) or (9).
``(B) Actual acquisition cost defined.--In this
paragraph, the term `actual acquisition cost' means,
with respect to a covered part D drug, the negotiated
price of the covered part D drug under the prescription
drug plan or MA-PD plan, net of any manufacturer-
provided price concessions (as defined under section
423.100 of title 42, Code of Federal Regulations (or
any successor regulation)), as reported for such drug
in the Detailed DIR Report (or any successor report)
submitted by the sponsor or organization offering the
plan for the previous plan year.''; and
(2) in subsection (c), by adding at the end the following
new paragraph:
``(7) Requirement that coinsurance for covered part d drugs
be based on the net price of the drug.--The coverage is
provided in accordance with subsection (b)(10).''.
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