3.0.0 3622 2020-02-10T17:00:05Z 2020-02-10T17:00:05Z Senate S S 2012-09-22 112 sshr00 Health, Education, Labor, and Pensions Committee Senate Standing Referred to 2012-09-22T06:12:44Z 2012-09-22 sshr00 Health, Education, Labor, and Pensions Committee Senate Read twice and referred to the Committee on Health, Education, Labor, and Pensions. IntroReferral 2012-09-22 Introduced in Senate IntroReferral 10000 9 Library of Congress S000148 Sen. Schumer, Charles E. [D-NY] Charles Schumer D NY E. N M001176 Sen. Merkley, Jeff [D-OR] Jeff Merkley D OR 2012-09-22 False B001277 Sen. Blumenthal, Richard [D-CT] Richard Blumenthal D CT 2012-09-22 False Health Civil actions and liability Consumer affairs Criminal investigation, prosecution, interrogation Drug therapy Fraud offenses and financial crimes Health care costs and insurance Inflation and prices Prescription drugs Retail and wholesale trades Health 00 2012-09-21 Introduced in Senate 2012-12-13T20:27:37Z Protecting Patients and Hospitals From Price Gouging Act - Authorizes the President to issue an executive order declaring a market shortage for six months with regard to one or more vital drugs if the total supply of all clinically interchangeable versions of a drug regulated by the Food and Drug Administration (FDA) is inadequate to meet the current or projected demand at the user level.

Defines a "vital drug" as any drug or biologic used to prevent or treat a serious or life-threatening disease or medical condition, for which there is no other available source with sufficient supply available.

Makes it unlawful, when the President issues such an executive order, for any person to sell vital drugs at a price that: (1) is unreasonably excessive, and (2) indicates that the seller is taking unfair advantage of the circumstances related to a market shortage to increase prices unreasonably during that period.

Gives the Attorney General authority to enforce penalties under this Act.

Makes any person who sells, or offers to sell, any vital drug during a declared market shortage with the knowledge and intent to charge a price unreasonably excessive under the circumstances guilty of an offense and subject to injunction and penalties. Applies such sanctions, except to a hospital or a physician, in the geographical area where the vital drug market shortage has been declared and to all wholesalers and distributors in the chain of distribution.

Sets forth factors for the Attorney General to consider in determining whether an alleged violator's price was unreasonably excessive.

Makes a declaration under this Act terminate if: (1) there is enacted a law terminating the market shortage after a national market shortage is declared, or (2) the President issues a proclamation terminating the declaration. Authorizes the President to renew such a market shortage declaration if the severe shortage continues to affect the health and well-being of citizens beyond the initial six-month period.

]]> Protecting Patients and Hospitals From Price Gouging Act Short Titles as Introduced Protecting Patients and Hospitals From Price Gouging Act Display Title Protecting Patients and Hospitals From Price Gouging Act Official Title as Introduced A bill to prohibit prescription drug price-gouging during states of market shortage. Introduced in Senate 2012-09-22T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112s3622is/xml/BILLS-112s3622is.xml 2012-09-22 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.