Patients' Access to Treatments Act of 2017

To amend title XXVII of the Public Health Service Act to limit co-payment, coinsurance, or other cost-sharing requirements applicable to prescription drugs in a specialty drug tier to the dollar amount (or its equivalent) of such requirements applicable to prescription drugs in a non-preferred brand drug tier, and for other purposes. 1. Short title This Act may be cited as the Patients’ Access to Treatments Act of 2017 2. Cost-sharing requirements applicable to prescription drugs in a specialty drug tier (a) In general Subpart II of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg 2719B. Cost-sharing requirements applicable to prescription drugs in a specialty drug tier (a) Requirement A group health plan, or a health insurance issuer offering group or individual health insurance, that provides coverage for prescription drugs and uses a formulary or other tiered cost-sharing structure shall not impose cost-sharing requirements applicable to prescription drugs in a specialty drug tier that exceed the dollar amount (or its equivalent) of cost-sharing requirements applicable to prescription drugs in a non-preferred brand drug tier (or prescription drugs in a brand drug tier if there is no non-preferred brand drug tier). (b) Special rule If a formulary used by a group health plan or a health insurance issuer offering group or individual health insurance contains more than one non-preferred brand drug tier, then the requirements of subsection (a) shall be applied with respect to the non-preferred brand drug tier for which beneficiary cost-sharing is lowest. (c) Definitions In this section: (1) The term cost-sharing (2) The term drug tier (A) within such formulary or structure for which the total dollar amount of cost-sharing requirements for any drug does not vary by more than ten percent from the total dollar amount of cost-sharing requirements for any other drug; and (B) that are prescription drugs. (3) The term non-preferred brand drug tier (A) within a drug tier in such formulary or structure for which beneficiary cost-sharing is greater than drug tiers for generic drugs or preferred brand drugs in the formulary or structure; (B) that are prescription drugs; and (C) that are not included within a specialty drug tier. (4) The term prescription drug (A) a drug subject to section 503(b)(1) of the Federal Food, Drug, or Cosmetic Act; and (B) includes a drug described in subparagraph (A) that is a biological product (as defined in section 351(i) of this Act). (5) The term specialty drug tier (A) within a drug tier in such formulary or structure for which beneficiary cost-sharing is greater than drug tiers for generic drugs, preferred brand drugs, or non-preferred drugs in the plan’s formulary; and (B) that are prescription drugs. . (b) Effective date Section 2719B of the Public Health Service Act, as added by subsection (a), applies to plan years beginning on or after the date of the enactment of this Act.

Summary: Patients' Access to Treatments Act of 2017 This bill amends the Public Health Service Act to establish cost sharing limits for health plans that cover prescription drugs and use a formulary or other tiered cost sharing structure. Such health plans may not impose higher cost sharing requirements, including copayment and coinsurance, for specialty drugs than for other prescription drugs in a nonpreferred brand name drug tier. If a health plan's formulary contains more than one nonpreferred brand name drug tier, the tier with the lowest cost sharing applies.