II 

117TH CONGRESS 

2D SESSION S. 3615 

To establish a cap on costs for covered prescription drugs under Medicare 

parts B and D. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2022 

Mr. SANDERS (for himself and Ms. KLOBUCHAR) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To establish a cap on costs for covered prescription drugs 

under Medicare parts B and D. 

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 ‘‘Cutting Medicare Pre5 scription Drug Prices in Half Act’’. 

6 SEC. 2. CAP ON COSTS FOR COVERED PRESCRIPTION 

7 DRUGS UNDER MEDICARE PARTS B AND D. 

8 (a) IN GENERAL.—Title XVIII of the Social Security 

9 Act (42 U.S.C. 1395 et seq.) is amended by adding at 

10 the end the following new section: 


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1 ‘‘SEC. 1899C. CAP ON COSTS FOR COVERED PRESCRIPTION 

2 DRUGS UNDER MEDICARE PARTS B AND D. 

3 ‘‘(a) IN GENERAL.—In no case may the amount of 

4 payment for a drug or biological under part B or a covered 

5 part D drug (as defined in section 1860D–2(e)) under a 

6 prescription drug plan under part D exceed the lower of 

7 the following: 

8 ‘‘(1) The amount paid by the Secretary of Vet9 erans Affairs to procure the drug under the laws ad10 ministered by the Secretary. 

11 ‘‘(2) The amount paid to procure the drug 

12 through the Federal Supply Schedule of the General 

13 Services Administration. 

14 ‘‘(b) MANUFACTURER REQUIREMENT.—In order for 

15 coverage to be available under part B for a drug or biologi16 cal of a manufacturer or under part D for a covered part 

17 D drug of a manufacturer, the manufacturer must agree 

18 to provide such drug or biological to providers of services 

19 and suppliers under part B or such covered part D drug 

20 to prescription drug plans under part D for an amount 

21 that does not exceed the maximum payment amount appli22 cable under subsection (a). 

23 ‘‘(c) ACCESS TO PRICING INFORMATION.—The Sec24 retary of Veterans Affairs and the Administrator of Gen25 eral Services shall provide to the Secretary of Health and 

26 Human Services the information described in paragraphs 


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1 (1) and (2), respectively, of subsection (a) and such other 

2 information as the Secretary of Health and Human Serv3 ices may request in order to carry out this section. 

4 ‘‘(d) EFFECTIVE DATE.—This section shall apply 

5 with respect to drugs furnished or dispensed on or after 

6 October 1, 2022.’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) APPLICATION UNDER PART B.—Section 

9 1847A of the Social Security Act (42 U.S.C. 

10 1395w–3a) is amended— 

11 (A) in subsection (b)(1), by striking ‘‘and 

12 (e)’’ and inserting ‘‘(e), and (i)’’; 

13 (B) by redesignating subsection (i) as sub14 section (j); and 

15 (C) by inserting after subsection (h) the 

16 following subsection: 

17 ‘‘(i) APPLICATION OF CAP ON COSTS FOR PART B 

18 DRUGS.—Notwithstanding the preceding provisions of this 

19 subsection, the amount of payment under this section for 

20 a drug or biological furnished on or after October 1, 2022, 

21 shall not exceed the maximum payment amount applicable 

22 to the drug or biological under section 1899C(a).’’. 

23 (2) APPLICATION AS NEGOTIATED PRICE

24 UNDER PART D.—Section 1860D–2(d)(1)(B) of the 

25 Social Security Act (42 U.S.C. 1395w– 


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1 102(d)(1)(B)) is amended by adding at the end the 

2 following new sentence: ‘‘Notwithstanding any other 

3 provision of this part, the negotiated price used for 

4 payment for a covered part D drug dispensed on or 

5 after October 1, 2022, shall not exceed the max6 imum payment amount applicable to the covered 

7 part D drug under section 1899C(a).’’. 

Æ 


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