[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3327 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3327

To amend title XI of the Social Security Act to require that direct-to-
     consumer television advertisements for prescription drugs and 
biological products include the list price of such drugs and products, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2019

Mr. Rooney of Florida 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

_______________________________________________________________________

                                 A BILL


 
To amend title XI of the Social Security Act to require that direct-to-
     consumer television advertisements for prescription drugs and 
biological products include the list price of such drugs and products, 
                        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 ``Drug Price Transparency for Medicare 
Patients Act of 2019''.

SEC. 2. REQUIREMENT THAT DIRECT-TO-CONSUMER TELEVISION ADVERTISEMENTS 
              FOR PRESCRIPTION DRUGS AND BIOLOGICAL PRODUCTS INCLUDE 
              LIST PRICE OF SUCH DRUGS AND PRODUCTS.

    Part A of title XI of the Social Security Act (42 U.S.C. 1301 et 
seq.) is amended by adding at the end the following new section:

``SEC. 1150C. REQUIREMENT THAT DIRECT-TO-CONSUMER TELEVISION 
              ADVERTISEMENTS FOR PRESCRIPTION DRUGS AND BIOLOGICAL 
              PRODUCTS INCLUDE LIST PRICE OF SUCH DRUGS AND PRODUCTS.

    ``(a) In General.--Subject to subsection (b), the Secretary, acting 
through the Administrator of the Centers for Medicare & Medicaid 
Services (referred to in this section as the `Secretary'), shall 
require that each direct-to-consumer advertisement on television 
(including broadcast, cable, streaming, or satellite media) for a 
prescription drug or biological product for which payment is made 
available under title XVIII or XIX includes a written statement 
indicating the current list price for a 30-day supply of (or, if 
determined more appropriate by the Secretary, a typical course of 
treatment with) such drug or product as follows: `The list price for a 
[30-day supply of, or a typical course of treatment with] [name of 
prescription drug or biological product] is [current list price]. If 
you have health insurance that covers drugs, your cost may be 
different.'. Such statement shall be presented at the end of such an 
advertisement against a contrasting background for sufficient duration 
and in a size and style of font that allows such statement to be read 
easily.
    ``(b) Exception.--The requirement described in subsection (a) shall 
not apply with respect to a prescription drug or biological product 
that has a current list price less than $35 per month for a 30-day 
supply of, or a typical course of treatment with, such drug or product.
    ``(c) Identification of Noncompliant Drugs and Products.--In the 
case that a direct-to-consumer advertisement described in subsection 
(a) does not include a written statement as required under such 
subsection and is not excepted with respect to such statement under 
subsection (b), the Secretary shall identify the prescription drug or 
biological product that is the subject of such advertisement as a drug 
or product advertised in violation of the requirement of subsection 
(a). The Secretary shall maintain a public list of all prescription 
drugs and biological products identified pursuant to the previous 
sentence.
    ``(d) Definitions.--In this section:
            ``(1) Current list price.--The term `current list price', 
        with respect to a prescription drug or biological product 
        described in subsection (a) and a direct-to-consumer 
        advertisement described in such subsection for such drug or 
        product, means the wholesale acquisition cost (as defined in 
        section 1847A(c)(6)) of such drug or product as of the first 
        day of the quarter during which such advertisement is aired or 
        otherwise broadcast.
            ``(2) Typical course of treatment.--The term `typical 
        course of treatment', with respect to a prescription drug or 
        biological product described in subsection (a) and a direct-to-
        consumer advertisement described in such subsection for such 
        drug or product, means the typical course of treatment 
        associated with the primary indication addressed in such 
        advertisement for which such drug or product is prescribed.''.
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