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 referred 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 

CONCURRENT RESOLUTION 

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. 

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 hearing entitled, ‘‘The Cost of Prescription Drugs: How the 


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•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 hearing entitled, ‘‘The Cost of Prescription Drugs: An Examination of The National Academies of Sciences, Engineering, and Medicine Report ‘Making Medicines Affordable: 

A National Imperative’ ’’; 

Whereas, on December 13, 2017, the U.S. House of Representatives Committee on Energy and Commerce, Subcommittee 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 introduced 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 Services 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 billion was spent on television advertising; and 


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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 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That it is the sense of Congress that— 

3 (1) the efficient administration of both Medi4 care and Medicaid encompasses Federal efforts to 

5 achieve good value for funds spent in the Medicare 

6 and Medicaid programs; 

7 (2) it has directed the Department of Health 

8 and Human Services to operate the Medicare and 

9 Medicaid programs efficiently; 

10 (3) the Department of Health and Human 

11 Services has the authority to require direct-to-con12 sumer (DTC) television advertisements of prescrip13 tion drugs and biological products to include the 

14 Wholesale Acquisition Cost (WAC, or ‘‘list price’’) of 

15 that drug or biological product under sections 1102 

16 and 1871 of the Social Security Act; and 

17 (4) the final rule titled ‘‘Medicare and Medicaid 

18 Programs: Regulation To Require Drug Pricing 

19 Transparency’’ published by the Centers for Medi20 care & Medicaid Services in the Federal Register on 

21 May 10, 2019 (84 Fed. Reg. 20732), makes sub22 stantial progress in improving drug pricing trans23 parency; and 


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•HCON 55 IH 

1 (5) there should be a statute requiring the in2 clusion of drug pricing information in all direct-to3 consumer television advertisements for drugs, includ4 ing biological products. 

Æ 


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