[Congressional Record Volume 164, Number 146 (Tuesday, September 4, 2018)]
[Senate]
[Page S6033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   KNOW THE LOWEST PRICE ACT OF 2018

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Committee on Finance be discharged from further consideration of S. 
2553 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2553) to amend title XVIII of the Social 
     Security Act to prohibit health plans and pharmacy benefit 
     managers from restricting pharmacies from informing 
     individuals regarding the prices for certain drugs and 
     biologicals.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. I further ask unanimous consent that the Stabenow 
amendment, which is at the desk, be considered and agreed to; that the 
bill, as amended, be considered read a third time and passed; that the 
amendment to the title, which is at the desk, be agreed to; and that 
the motions to reconsider be considered made and laid upon the table 
with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4009) was agreed to, as follows:

                     (Purpose: To improve the bill)

       Strike section 2 and insert the following:

     SEC. 2. PROHIBITION ON LIMITING CERTAIN INFORMATION ON DRUG 
                   PRICES.

       (a) In General.--Section 1860D-4 of the Social Security Act 
     (42 U.S.C. 1395w-104) is amended by adding at the end the 
     following new subsection:
       ``(m) Prohibition on Limiting Certain Information on Drug 
     Prices.--A PDP sponsor and a Medicare Advantage organization 
     shall ensure that each prescription drug plan or MA-PD plan 
     offered by the sponsor or organization does not restrict a 
     pharmacy that dispenses a prescription drug or biological 
     from informing, nor penalize such pharmacy for informing, an 
     enrollee in such plan of any differential between the 
     negotiated price of, or copayment or coinsurance for, the 
     drug or biological to the enrollee under the plan and a lower 
     price the individual would pay for the drug or biological if 
     the enrollee obtained the drug without using any health 
     insurance coverage.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to plan years beginning on or after January 1, 
     2020.

  The bill (S. 2553), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 2553

       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 ``Know the Lowest Price Act of 
     2018''.

     SEC. 2. PROHIBITION ON LIMITING CERTAIN INFORMATION ON DRUG 
                   PRICES.

       (a) In General.--Section 1860D-4 of the Social Security Act 
     (42 U.S.C. 1395w-104) is amended by adding at the end the 
     following new subsection:
       ``(m) Prohibition on Limiting Certain Information on Drug 
     Prices.--A PDP sponsor and a Medicare Advantage organization 
     shall ensure that each prescription drug plan or MA-PD plan 
     offered by the sponsor or organization does not restrict a 
     pharmacy that dispenses a prescription drug or biological 
     from informing, nor penalize such pharmacy for informing, an 
     enrollee in such plan of any differential between the 
     negotiated price of, or copayment or coinsurance for, the 
     drug or biological to the enrollee under the plan and a lower 
     price the individual would pay for the drug or biological if 
     the enrollee obtained the drug without using any health 
     insurance coverage.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to plan years beginning on or after January 1, 
     2020.

  The title amendment (No. 4010) was agreed to as follows:

                     (Purpose: To amend the title)

       Amend the title so as to read: ``A bill to amend title 
     XVIII of the Social Security Act to prohibit Medicare part D 
     plans from restricting pharmacies from informing individuals 
     regarding the prices for certain drugs and biologicals.''.

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