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116TH CONGRESS
1ST SESSION H. R. 3276
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.
IN THE HOUSE OF REPRESENTATIVES
JUNE 13, 2019
Mr. KENNEDY (for himself, Mr. O’HALLERAN, Mr. KINZINGER, and Mr.
SMITH of Missouri) 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 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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Fair and Accurate
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Medicaid Pricing Act of 2019’’ or the ‘‘Fair AMP Act’’.
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•HR 3276 IH
SEC. 2. EXCLUDING AUTHORIZED GENERIC DRUGS FROM
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CALCULATION OF AVERAGE MANUFACTURER
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PRICE UNDER THE MEDICAID DRUG REBATE
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PROGRAM;
EXCLUDING
MANUFACTURERS
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FROM DEFINITION OF WHOLESALER.
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(a) IN GENERAL.—Subparagraph (C) of section
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1927(k)(1) of the Social Security Act (42 U.S.C. 1396r–
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8(k)(1)) is amended—
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(1) in the subparagraph heading, by striking
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‘‘INCLUSION’’ and inserting ‘‘EXCLUSION’’;
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(2) by striking ‘‘a new drug application’’ and
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inserting ‘‘the manufacturer’s new drug applica-
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tion’’; and
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(3) by striking ‘‘inclusive’’ and inserting ‘‘exclu-
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sive’’.
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(b) EXCLUDING MANUFACTURERS FROM DEFINI-
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TION OF WHOLESALER.—Section 1927(k)(11) of the So-
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cial Security Act (42 U.S.C. 1396r–8(k)(11)) is amend-
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ed—
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(1) by striking ‘‘manufacturers,’’; and
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(2) by striking ‘‘manufacturer’s and’’.
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(c) EFFECTIVE DATE.—The amendments made by
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this section shall take effect on the first day of the first
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fiscal quarter that begins after the date of enactment of
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this Act.
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