Expressing the sense of Congress on the need to inform American consumers with more balanced purchasing information for prescription drugs through the disclosure of price information in direct-to-consumer (DTC) advertisements.

IV 116TH CONGRESS 1ST SESSION H. CON. RES. 55 Expressing the sense of Congress on the need to inform American consumers with more balanced purchasing information for prescription drugs through the disclosure of price information in direct-to-consumer (DTC) advertisements. IN THE HOUSE OF REPRESENTATIVES JULY 24, 2019 Mr. BURGESS submitted the following concurrent resolution; which was re- ferred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned CONCURRENT RESOLUTION Expressing the sense of Congress on the need to inform American consumers with more balanced purchasing in- formation for prescription drugs through the disclosure of price information in direct-to-consumer (DTC) adver- tisements. Whereas, on June 13, 2017, the U.S. Senate Committee on Health, Education, Labor, and Pensions held a hearing entitled, ‘‘The Cost of Prescription Drugs: How the Drug Delivery System Affects What Patients Pay’’; Whereas, on October 17, 2017, the U.S. Senate Committee on Health, Education, Labor, and Pensions held a hear- ing entitled, ‘‘The Cost of Prescription Drugs: How the VerDate Sep 11 2014 02:50 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HC55.IH HC55 kjohnson on DSK79L0C42 with BILLS 2 •HCON 55 IH Drug Delivery System Affects What Patients Pay, Part II’’; Whereas, on December 12, 2017, the U.S. Senate Committee on Health, Education, Labor, and Pensions held a hear- ing entitled, ‘‘The Cost of Prescription Drugs: An Exam- ination of The National Academies of Sciences, Engineer- ing, and Medicine Report ‘Making Medicines Affordable: A National Imperative’ ’’; Whereas, on December 13, 2017, the U.S. House of Rep- resentatives Committee on Energy and Commerce, Sub- committee on Health, held a hearing on ‘‘Examining the Drug Supply Chain’’; Whereas, on May 11, 2018, President Donald Trump and Health and Human Services Secretary Alex Azar intro- duced the American Patients First blueprint to bring down prescription drug prices; Whereas American patients deserve more transparency and information to better position them to be well-informed participants in their health care decision making as they consult with their physician or other licensed health care practitioner; Whereas the Centers for Medicare & Medicaid Services is the single largest payor for drugs in the United States; Whereas, in 2016, the Centers for Medicare & Medicaid Serv- ices and its beneficiaries spent over $174 billion on drugs covered under Parts B and D, and $64 billion on drugs covered under Medicaid, for a total of more than $238 billion for prescription drugs; Whereas, in 2017, drug manufacturers spent over $5.5 billion on prescription drug advertising of which nearly $4.2 bil- lion was spent on television advertising; and VerDate Sep 11 2014 02:50 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HC55.IH HC55 kjohnson on DSK79L0C42 with BILLS 3 •HCON 55 IH Whereas the ten most commonly advertised drugs have list prices ranging from $535 to $11,000 per month or usual course of therapy: Now, therefore, be it Resolved by the House of Representatives (the Senate 1 concurring), That it is the sense of Congress that— 2 (1) the efficient administration of both Medi- 3 care and Medicaid encompasses Federal efforts to 4 achieve good value for funds spent in the Medicare 5 and Medicaid programs; 6 (2) it has directed the Department of Health 7 and Human Services to operate the Medicare and 8 Medicaid programs efficiently; 9 (3) the Department of Health and Human 10 Services has the authority to require direct-to-con- 11 sumer (DTC) television advertisements of prescrip- 12 tion drugs and biological products to include the 13 Wholesale Acquisition Cost (WAC, or ‘‘list price’’) of 14 that drug or biological product under sections 1102 15 and 1871 of the Social Security Act; and 16 (4) the final rule titled ‘‘Medicare and Medicaid 17 Programs: Regulation To Require Drug Pricing 18 Transparency’’ published by the Centers for Medi- 19 care & Medicaid Services in the Federal Register on 20 May 10, 2019 (84 Fed. Reg. 20732), makes sub- 21 stantial progress in improving drug pricing trans- 22 parency; and 23 VerDate Sep 11 2014 02:50 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HC55.IH HC55 kjohnson on DSK79L0C42 with BILLS 4 •HCON 55 IH (5) there should be a statute requiring the in- 1 clusion of drug pricing information in all direct-to- 2 consumer television advertisements for drugs, includ- 3 ing biological products. 4 Æ VerDate Sep 11 2014 02:50 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\HC55.IH HC55 kjohnson on DSK79L0C42 with BILLS