IB 
Union Calendar No. 768 
118TH CONGRESS 
2D SESSION 
H. R. 2666 
[Report No. 118–743, Part I] 
To amend title XIX of the Social Security Act to codify value-based pur-
chasing arrangements under the Medicaid program and reforms related 
to price reporting under such arrangements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 18, 2023 
Mr. GUTHRIE (for himself, Ms. ESHOO, Mr. JOYCE of Pennsylvania, Mr. 
AUCHINCLOSS, Mrs. MILLER-MEEKS, and Mr. PETERS) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
NOVEMBER 18, 2024 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
NOVEMBER 18, 2024 
Referral to the Committee on Ways and Means extended for a period ending 
not later than December 19, 2024 
DECEMBER 19, 2024 
Additional sponsors: Mr. SWALWELL, Mr. CRENSHAW, Mr. BILIRAKIS, Mr. 
DUNN of Florida, Mr. BALDERSON, Mr. PHILLIPS, Mr. BERA, Mr. LIEU, 
Mr. THOMPSON of California, Ms. SHERRILL, Ms. HOULAHAN, Mr. CAR-
TER of Georgia, Mr. GOTTHEIMER, Mr. CARTER of Louisiana, Mr. FER-
GUSON, Mr. HUFFMAN, Mr. MULLIN, Ms. PETTERSEN, Mr. BURGESS, 
Mr. IVEY, Mr. KELLY of Pennsylvania, Mr. AUSTIN SCOTT of Georgia, 
Mr. OWENS, Mr. MOOLENAAR, Mr. MEUSER, Mr. CISCOMANI, Ms. 
CARAVEO, Mr. VAN DREW, Mr. DUNCAN, Ms. MALLIOTAKIS, Mrs. 
STEEL, Mrs. CAMMACK, Ms. VAN DUYNE and Ms. STRICKLAND 
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DECEMBER 19, 2024 
Committee on Ways and Means discharged; committed to the Committee of 
the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on April 18, 2023] 
A BILL 
To amend title XIX of the Social Security Act to codify 
value-based purchasing arrangements under the Medicaid 
program and reforms related to price reporting under 
such arrangements, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medicaid VBPs for Pa-
tients Act’’ or the ‘‘MVP Act’’. 
SEC. 2. CODIFYING VALUE-BASED PURCHASING ARRANGE-
MENTS UNDER MEDICAID AND REFORMS RE-
LATED TO PRICE REPORTING UNDER SUCH 
ARRANGEMENTS. 
(a) CODIFYING MULTIPLE BEST PRICE POINTS.— 
(1) IN GENERAL.—Section 1927(c)(1)(C)(ii) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
1396r– 
8(c)(1)(C)(ii)) is amended— 
(A) in subclause (IV), by striking ‘‘and’’ at 
the end; 
(B) in subclause (V), by striking the period 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subclause: 
‘‘(VI) may include multiple best 
price points for a single dosage form 
and strength of a drug of a manufac-
turer subject to a value-based pur-
chasing arrangement (as defined in 
subsection (k)(12)), but only if such 
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manufacturer offers such arrangement 
to all States.’’. 
(2) RULE OF CONSTRUCTION.—Nothing in the 
amendments made by this subsection may be con-
strued to prohibit a manufacturer from treating a 
value-based purchasing arrangement as a bundled 
sale. 
(b) 
DEFINITION
OF
AVERAGE
MANUFACTURER 
PRICE.— 
(1) IN GENERAL.—Section 1927(k)(1) of the So-
cial Security Act (42 U.S.C. 1396r-8(k)(1)) is amend-
ed— 
(A) in subparagraph (B)(i)— 
(i) in subclause (VII), by striking at 
the end ‘‘and’’; 
(ii) in subclause (VIII), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the following 
new subclause: 
‘‘(IX) with respect to such covered 
outpatient drug that is sold under a 
value-based purchasing arrangement 
(as defined in paragraph (12)) during 
the rebate period, including such drug 
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that is an inhalation, infusion, in-
stilled, implanted, or injectable drug 
that is not generally dispensed through 
a retail community pharmacy— 
‘‘(aa) a refund, rebate, reim-
bursement, or free goods from the 
manufacturer or third party on 
behalf of the manufacturer; or 
‘‘(bb) the withholding or re-
duction of a payment to the man-
ufacturer or third party on behalf 
of the manufacturer; 
that is triggered by a patient who fails 
to achieve outcomes or measures de-
fined under the terms of such value- 
based purchasing arrangement during 
the period for which such arrangement 
is effective.’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(D) SPECIAL RULE FOR CERTAIN VALUE- 
BASED PURCHASING ARRANGEMENTS.—For pur-
poses of subparagraph (A), in determining the 
average price paid to the manufacturer for a 
covered outpatient drug that is sold under a 
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