I 

116TH CONGRESS 

1ST SESSION H. R. 3327 

To amend title XI of the Social Security Act to require that direct-toconsumer television advertisements for prescription drugs and biological 

products include the list price of such drugs and products, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 18, 2019 

Mr. ROONEY of Florida introduced the following bill; 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 

A BILL 

To amend title XI of the Social Security Act to require 

that direct-to-consumer television advertisements for prescription drugs and biological products include the list 

price of such drugs and products, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drug Price Trans5 parency for Medicare Patients Act of 2019’’. 


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1 SEC. 2. REQUIREMENT THAT DIRECT-TO-CONSUMER TELE2 VISION ADVERTISEMENTS FOR PRESCRIP3 TION DRUGS AND BIOLOGICAL PRODUCTS IN4 CLUDE LIST PRICE OF SUCH DRUGS AND 

5 PRODUCTS. 

6 Part A of title XI of the Social Security Act (42 

7 U.S.C. 1301 et seq.) is amended by adding at the end 

8 the following new section: 

9 ‘‘SEC. 1150C. REQUIREMENT THAT DIRECT-TO-CONSUMER 

10 TELEVISION ADVERTISEMENTS FOR PRE11 SCRIPTION DRUGS AND BIOLOGICAL PROD12 UCTS INCLUDE LIST PRICE OF SUCH DRUGS 

13 AND PRODUCTS. 

14 ‘‘(a) IN GENERAL.—Subject to subsection (b), the 

15 Secretary, acting through the Administrator of the Cen16 ters for Medicare & Medicaid Services (referred to in this 

17 section as the ‘Secretary’), shall require that each direct18 to-consumer advertisement on television (including broad19 cast, cable, streaming, or satellite media) for a prescrip20 tion drug or biological product for which payment is made 

21 available under title XVIII or XIX includes a written 

22 statement indicating the current list price for a 30-day 

23 supply of (or, if determined more appropriate by the Sec24 retary, a typical course of treatment with) such drug or 

25 product as follows: ‘The list price for a ø30-day supply 

26 of/typical course of treatment with¿øname of prescription 


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1 drug or biological product¿ is øcurrent list price¿. If you 

2 have health insurance that covers drugs, your cost may 

3 be different.’. Such statement shall be presented at the 

4 end of such an advertisement against a contrasting back5 ground for sufficient duration and in a size and style of 

6 font that allows such statement to be read easily. 

7 ‘‘(b) EXCEPTION.—The requirement described in 

8 subsection (a) shall not apply with respect to a prescrip9 tion drug or biological product that has a current list price 

10 less than $35 per month for a 30-day supply of, or a typ11 ical course of treatment with, such drug or product. 

12 ‘‘(c) IDENTIFICATION OF NONCOMPLIANT DRUGS

13 AND PRODUCTS.—In the case that a direct-to-consumer 

14 advertisement described in subsection (a) does not include 

15 a written statement as required under such subsection and 

16 is not excepted with respect to such statement under sub17 section (b), the Secretary shall identify the prescription 

18 drug or biological product that is the subject of such ad19 vertisement as a drug or product advertised in violation 

20 of the requirement of subsection (a). The Secretary shall 

21 maintain a public list of all prescription drugs and biologi22 cal products identified pursuant to the previous sentence. 

23 ‘‘(d) DEFINITIONS.—In this section: 

24 ‘‘(1) CURRENT LIST PRICE.—The term ‘current 

25 list price’, with respect to a prescription drug or bioVerDate Sep 11 2014 22:38 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3327.IH H3327

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1 logical product described in subsection (a) and a di2 rect-to-consumer advertisement described in such 

3 subsection for such drug or product, means the 

4 wholesale acquisition cost (as defined in section 

5 1847A(c)(6)) of such drug or product as of the first 

6 day of the quarter during which such advertisement 

7 is aired or otherwise broadcast. 

8 ‘‘(2) TYPICAL COURSE OF TREATMENT.—The 

9 term ‘typical course of treatment’, with respect to a 

10 prescription drug or biological product described in 

11 subsection (a) and a direct-to-consumer advertise12 ment described in such subsection for such drug or 

13 product, means the typical course of treatment asso14 ciated with the primary indication addressed in such 

15 advertisement for which such drug or product is pre16 scribed.’’. 

Æ 


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