[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3276 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3276

  To amend title XIX of the Social Security Act to exclude authorized 
 generic drugs from calculation of the average manufacturer price for 
 purposes of the Medicaid drug rebate program, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2019

Mr. Kennedy (for himself, Mr. O'Halleran, Mr. Kinzinger, and Mr. Smith 
 of Missouri) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

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                                 A BILL


 
  To amend title XIX of the Social Security Act to exclude authorized 
 generic drugs from calculation of the average manufacturer price for 
 purposes of the Medicaid drug rebate program, and for other purposes.

    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 ``Fair and Accurate Medicaid Pricing 
Act of 2019'' or the ``Fair AMP Act''.

SEC. 2. EXCLUDING AUTHORIZED GENERIC DRUGS FROM CALCULATION OF AVERAGE 
              MANUFACTURER PRICE UNDER THE MEDICAID DRUG REBATE 
              PROGRAM; EXCLUDING MANUFACTURERS FROM DEFINITION OF 
              WHOLESALER.

    (a) In General.--Subparagraph (C) of section 1927(k)(1) of the 
Social Security Act (42 U.S.C. 1396r-8(k)(1)) is amended--
            (1) in the subparagraph heading, by striking ``Inclusion'' 
        and inserting ``Exclusion'';
            (2) by striking ``a new drug application'' and inserting 
        ``the manufacturer's new drug application''; and
            (3) by striking ``inclusive'' and inserting ``exclusive''.
    (b) Excluding Manufacturers From Definition of Wholesaler.--Section 
1927(k)(11) of the Social Security Act (42 U.S.C. 1396r-8(k)(11)) is 
amended--
            (1) by striking ``manufacturers,''; and
            (2) by striking ``manufacturer's and''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first fiscal quarter that begins after 
the date of enactment of this Act.
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