[Congressional Record Volume 157, Number 10 (Tuesday, January 25, 2011)]
[Senate]
[Pages S151-S152]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FRANKEN:
  S. 31. A bill to amend part D of title XVIII of the Social Security 
Act to authorize the Secretary of Health and Human Services to 
negotiate for lower prices for Medicare prescription drugs; to the 
Committee on Finance.
  Mr. FRANKEN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 31

       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 ``Prescription Drug and Health 
     Improvement Act of 2011''.

     SEC. 2. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION 
                   DRUGS.

       (a) Negotiating Fair Prices.--
       (1) In general.--Section 1860D-11 of the Social Security 
     Act (42 U.S.C. 1395w-111) is amended by striking subsection 
     (i) (relating to noninterference) and by inserting the 
     following:
       ``(i) Authority To Negotiate Prices With Manufacturers.--In 
     order to ensure that beneficiaries enrolled under 
     prescription drug plans and MA-PD plans pay the lowest 
     possible price, the Secretary shall have authority similar to 
     that of other Federal entities that purchase prescription 
     drugs in bulk to negotiate contracts with manufacturers of 
     covered part D drugs, consistent with the requirements and in 
     furtherance of the goals of providing quality care and 
     containing costs under this part.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date of the enactment of this Act.
       (b) Biannual Reports to Congress.--Not later than 1 year 
     after the date of the enactment of this Act, and every 6 
     months thereafter, the Secretary of Health and Human Services 
     shall submit to Congress a report on the negotiations 
     conducted by the Secretary

[[Page S152]]

     under section 1860D-11(i) of the Social Security Act (42 
     U.S.C. 1395w-111(i)), as amended by subsection (a), including 
     a description of how such negotiations are achieving lower 
     prices for covered part D drugs (as defined in section 1860D-
     2(e) of the Social Security Act (42 U.S.C. 1395w-102(e)) for 
     Medicare beneficiaries.
                                 ______