Protecting Access to Affordable Medicines Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2868 To amend title XIX of the Social Security Act to prohibit additional rebates under the Medicaid program for certain noninnovator multiple source drugs. IN THE HOUSE OF REPRESENTATIVES APRIL 28, 2021 Mr. BUTTERFIELD (for himself and Mr. LONG) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to prohibit additional rebates under the Medicaid program for cer- tain noninnovator multiple source drugs. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Access to 4 Affordable Medicines Act of 2021’’. 5 SEC. 2. PROHIBITION ON ADDITIONAL REBATE UNDER 6 MEDICAID FOR CERTAIN NONINNOVATOR 7 MULTIPLE SOURCE DRUGS. 8 Section 1927(c)(3)(C) of the Social Security Act (42 9 U.S.C. 1396r–8(c)(3)(C)) is amended— 10 VerDate Sep 11 2014 00:52 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2868.IH H2868 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2868 IH (1) in clause (i), by striking ‘‘The amount’’ and 1 inserting ‘‘Subject to clause (v), the amount’’; and 2 (2) by adding at the end the following new 3 clause: 4 ‘‘(v) PROHIBITION ON ADDITIONAL 5 REBATE FOR CERTAIN NONINNOVATOR 6 MULTIPLE SOURCE DRUGS.—With respect 7 to a rebate period beginning on or after 8 January 1, 2022, and a dosage form and 9 strength of a covered outpatient drug de- 10 scribed in clause (i), the amount of the re- 11 bate specified in subparagraph (A) for 12 such dosage form and strength for such re- 13 bate period may not be increased if the av- 14 erage manufacturer price for a unit of 15 such dosage form and strength for such re- 16 bate period is less than $1.’’. 17 Æ VerDate Sep 11 2014 00:52 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H2868.IH H2868 pbinns on DSKJLVW7X2PROD with BILLS