HR 2139 · 117th Congress 2021–2023, ended

Medicare Drug Price Negotiation Act

Latest action · Mar 24, 2021 Referred to the Subcommittee on Health.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 23, 2021
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Medicare Drug Price Negotiation Act

This bill makes a series of changes relating to the prices of prescription drugs under the Medicare prescription drug benefit and Medicare Advantage (MA) prescription drug plans (PDPs).

Under current law, the Centers for Medicare & Medicaid Services (CMS) may neither negotiate the prices of covered drugs nor establish a formulary. The bill repeals these restrictions and instead specifically requires the CMS to (1) negotiate the prices of covered drugs; and (2) either establish a formulary for covered drugs, or require changes to PDP formularies that take into account CMS negotiations.

If the CMS is unable to negotiate an appropriate price for a drug in accordance with certain criteria, the price must be the lowest of three specified options (e.g., the median price in other countries). The CMS must identify drugs that are subject to negotiation, with priority given to certain categories of drugs based on usage and cost.

Additionally, drug manufacturers must issue rebates to the CMS for drugs dispensed to eligible low-income individuals. Subject to civil monetary penalties, a Medicare or MA PDP sponsor must report, both to drug manufacturers and to the CMS, specified information related to the determination and payment of such rebates.

Cosponsors 24

Members who signed on, in the order they did. Signatures ran from Mar 23, 2021 to Aug 24, 2021; 13 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MOCori BushOriginalMar 23, 2021
D-FLDebbie Wasserman SchultzOriginalMar 23, 2021
D-MNIlhan OmarOriginalMar 23, 2021
D-ILJanice D. SchakowskyOriginalMar 23, 2021
D-COJoe NeguseOriginalMar 23, 2021
D-WIMark PocanOriginalMar 23, 2021
D-ORPeter A. DeFazioOriginalMar 23, 2021
D-VTPeter WelchOriginalMar 23, 2021
D-WAPramila JayapalOriginalMar 23, 2021
D-MIRashida TlaibOriginalMar 23, 2021
D-CARo KhannaOriginalMar 23, 2021
D-CTRosa L. DeLauroOriginalMar 23, 2021
D-TNSteve CohenOriginalMar 23, 2021
D-NJAndy KimApr 14, 2021
D-CAMark DeSaulnierApr 14, 2021
D-AZRaúl M. GrijalvaApr 14, 2021
D-MIAndy LevinJun 16, 2021
D-ILJesús G. "Chuy" GarcíaJun 16, 2021
D-CAMaxine WatersJun 16, 2021
D-NYMondaire JonesJun 16, 2021
D-ORSuzanne BonamiciJun 16, 2021
D-MIBrenda L. LawrenceJun 23, 2021
D-KYJohn A. YarmuthJun 30, 2021
D-TXSylvia R. GarciaAug 24, 2021

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEnergy and Commerce Committee
Referred Mar 23, 2021
Health Subcommittee
Referred Mar 24, 2021
HouseWays and Means Committee
Referred Mar 23, 2021
Health Subcommittee
Referred Mar 23, 2021

Actions 4

Everything that happened, newest first.

  1. Mar 24, 2021Referred to the Subcommittee on Health.
  2. Mar 23, 2021Introduced in House
  3. Mar 23, 2021Referred 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.
  4. Mar 23, 2021Referred to the Subcommittee on Health.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Clause 1 of Section 8 of Article I of the United States Constitution.

The sponsor’s statement, as printed in the Congressional Record, vol. 167, no. 54, March 23, 2021, page H1621.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 908Medicare Drug Price Negotiation ActIdentical billMar 23, 2021

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend title XVIII of the Social Security Act to provide for the negotiation of lower covered part D drug prices on behalf of Medicare beneficiaries and the establishment and application of a formulary by the Secretary of Health and Human Services under Medicare part D, and for other purposes.
Short Title(s) as Introduced
Medicare Drug Price Negotiation Act

Subjects

Assigned by the Library of Congress. Policy area: Health.

Text 1

Each version as it was printed, newest first.

  1. Mar 23, 2021Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.