116th CONGRESS 1st Session |
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.
June 11, 2019
Ms. Hassan (for herself, Mr. Cassidy, Ms. Stabenow, Mr. Cornyn, Mr. Cardin, and Mr. Young) introduced the following bill; which was read twice and referred to the Committee on Finance
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,
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.