I 
118TH CONGRESS 
2D SESSION 
H. R. 8987 
To amend title XXVII of the Public Health Service Act, the Employee 
Retirement Income Security Act of 1974, and the Internal Revenue 
Code of 1986 to ensure cost sharing for a drug does not exceed the 
nationwide average of consumer purchase prices for such drug. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2024 
Ms. PORTER (for herself, Ms. DELAURO, Mr. GRIJALVA, Mr. COHEN, and Ms. 
OMAR) introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committees on Ways 
and Means, and Education and the Workforce, for a period to be subse-
quently 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 XXVII of the Public Health Service Act, 
the Employee Retirement Income Security Act of 1974, 
and the Internal Revenue Code of 1986 to ensure cost 
sharing for a drug does not exceed the nationwide aver-
age of consumer purchase prices for such drug. 
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 ‘‘Lowest Price for Pa-
tients Act of 2024’’. 
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SEC. 2. ENSURING COST SHARING FOR A DRUG DOES NOT 
EXCEED THE NATIONWIDE AVERAGE OF CON-
SUMER PURCHASE PRICES FOR SUCH DRUG. 
(a) PHSA.—Subpart II of part A of title XXVII of 
the Public Health Service Act (42 U.S.C. 300gg–11 et 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 2730. LIMITATION ON COST SHARING FOR DRUGS. 
‘‘(a) IN GENERAL.—For plan years beginning on or 
after the date of the enactment of this section, a group 
health plan, and a health insurance issuer offering group 
or individual health insurance coverage, may not impose 
cost sharing (including deductibles, coinsurance, and co-
payments) with respect to a covered outpatient drug for 
which benefits are available under such plan or coverage 
dispensed by an in-network pharmacy in an amount that 
exceeds the nationwide average of consumer purchase 
prices for such drug for the 1-year period ending on the 
first day of such plan year (as determined using informa-
tion from the survey described in section 1927(f)(1)(A)(i) 
of the Social Security Act). 
‘‘(b) CLARIFICATION ON APPLICATION TO PHARMACY 
BENEFIT MANAGERS.—A group health plan, and a health 
insurance issuer offering group or individual health insur-
ance coverage, shall ensure that any pharmacy benefit 
manager providing services under the plan or coverage 
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complies with subsection (a) in the same manner as such 
subsection applies with respect to such plan or issuer. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) COVERED OUTPATIENT DRUG.—The term 
‘covered outpatient drug’ has the meaning given 
such term in section 1927(k) of the Social Security 
Act. 
‘‘(2) IN-NETWORK PHARMACY.—The term ‘in- 
network pharmacy’ means, with respect to a group 
health plan or group or individual health insurance 
coverage and a drug, a pharmacy with a contractual 
relationship in effect for dispensing such drug under 
such plan or coverage.’’. 
(b) ERISA.— 
(1) IN GENERAL.—Subpart B of part 7 of sub-
title B of title I of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1185 et seq.) is 
amended by adding at the end the following new sec-
tion: 
‘‘SEC. 726. LIMITATION ON COST SHARING FOR DRUGS. 
‘‘(a) IN GENERAL.—For plan years beginning on or 
after the date of the enactment of this section, a group 
health plan, and a health insurance issuer offering group 
coverage, may not impose cost sharing (including 
deductibles, coinsurance, and copayments) with respect to 
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