I 

111TH CONGRESS 

2D SESSION H. R. 4752 

To amend part D of title XVIII of the Social Security Act to require 

the Secretary of Health and Human Services to negotiate covered part 

D drug prices on behalf of Medicare beneficiaries. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2010 

Mr. WELCH (for himself, Mrs. EMERSON, Ms. SCHAKOWSKY, Mr. SALAZAR, 

Mr. GRIJALVA, Mr. HINCHEY, Mr. CONYERS, Mr. WILSON of Ohio, Ms. 

BALDWIN, Mr. HODES, Ms. TITUS, Mr. TAYLOR, Mr. ELLISON, Mr. 

MOORE of Kansas, Ms. SCHWARTZ, Mr. LIPINSKI, Mr. JOHNSON of Georgia, Mr. MCGOVERN, Mr. OLVER, Mr. LANGEVIN, Mr. WU, Mr. KLEIN

of Florida, Ms. PINGREE of Maine, Ms. KAPTUR, Ms. HARMAN, Mr. 

LOEBSACK, Ms. WASSERMAN SCHULTZ, Mr. NADLER of New York, Mr. 

HALL of New York, Mr. OBERSTAR, Mr. BRALEY of Iowa, Mr. HARE, 

Mr. HEINRICH, Mrs. CAPPS, Ms. SUTTON, Mr. STUPAK, Mr. ARCURI, Ms. 

SHEA-PORTER, Mr. CARDOZA, Mr. DEFAZIO, Mr. RYAN of Ohio, Mr. 

CARNEY, Mr. VAN HOLLEN, Mr. KAGEN, Mr. BOSWELL, Mr. DOYLE, Mr. 

ISRAEL, Mr. DELAHUNT, Mr. BISHOP of New York, Ms. DELAURO, Mr. 

MICHAUD, Mr. BERRY, Mr. CAPUANO, Mr. CHANDLER, Mr. MARKEY of 

Massachusetts, Mr. KILDEE, Mr. FILNER, Mr. CARNAHAN, Mr. WEINER, 

Mr. MCDERMOTT, Mr. YARMUTH, Ms. WOOLSEY, Mr. FARR, Mr. 

LARSEN of Washington, Mr. KENNEDY, Mr. COURTNEY, Mr. SCOTT of 

Virginia, and Ms. KILROY) 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 part D of title XVIII of the Social Security 

Act to require the Secretary of Health and Human ServVerDate Nov 24 2008 21:17 Mar 04, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4752.IH H4752

pwalker on DSK8KYBLC1PROD with BILLS
2 

•HR 4752 IH

ices to negotiate covered part D drug prices on behalf 

of Medicare beneficiaries. 

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 ‘‘Medicare Prescription 

5 Drug Price Negotiation Act of 2010’’. 

6 SEC. 2. NEGOTIATION OF LOWER COVERED PART D DRUG 

7 PRICES ON BEHALF OF MEDICARE BENE8 FICIARIES. 

9 (a) NEGOTIATION BY SECRETARY.—Section 1860D– 

10 11 of the Social Security Act (42 U.S.C. 1395w–111) is 

11 amended by striking subsection (i) (relating to noninter12 ference) and inserting the following: 

13 ‘‘(i) NEGOTIATION OF LOWER DRUG PRICES.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding any other 

15 provision of law, the Secretary shall negotiate with 

16 pharmaceutical manufacturers the prices (including 

17 discounts, rebates, and other price concessions) that 

18 may be charged to PDP sponsors and MA organiza19 tions for covered part D drugs for part D eligible in20 dividuals who are enrolled under a prescription drug 

21 plan or under an MA–PD plan. 

22 ‘‘(2) NO CHANGE IN RULES FOR

23 FORMULARIES.— 


pwalker on DSK8KYBLC1PROD with BILLS
3 

•HR 4752 IH

1 ‘‘(A) IN GENERAL.—Nothing in paragraph 

2 (1) shall be construed to authorize the Sec3 retary to establish or require a particular for4 mulary. 

5 ‘‘(B) CONSTRUCTION.—Subparagraph (A) 

6 shall not be construed as affecting the Sec7 retary’s authority to ensure appropriate and 

8 adequate access to covered part D drugs under 

9 prescription drug plans and under MA–PD 

10 plans, including compliance of such plans with 

11 formulary requirements under section 1860D– 

12 4(b)(3). 

13 ‘‘(3) CONSTRUCTION.—Nothing in this sub14 section shall be construed as preventing the sponsor 

15 of a prescription drug plan, or an organization offer16 ing an MA–PD plan, from obtaining a discount or 

17 reduction of the price for a covered part D drug 

18 below the price negotiated under paragraph (1). 

19 ‘‘(4) SEMI-ANNUAL REPORTS TO CONGRESS.— 

20 Not later than June 1, 2011, and every 6 months 

21 thereafter, the Secretary shall submit to the Com22 mittees on Ways and Means, Energy and Commerce, 

23 and Oversight and Government Reform of the House 

24 of Representatives and the Committee on Finance of 

25 the Senate a report on negotiations conducted by the 


pwalker on DSK8KYBLC1PROD with BILLS
4 

•HR 4752 IH

1 Secretary to achieve lower prices for Medicare bene2 ficiaries, and the prices and price discounts achieved 

3 by the Secretary as a result of such negotiations.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 subsection (a) shall take effect on the date of the enact6 ment of this Act and shall first apply to negotiations and 

7 prices for plan years beginning on January 1, 2011. 

Æ 


pwalker on DSK8KYBLC1PROD with BILLS