IV 
116TH CONGRESS 
1ST SESSION 
H. CON. RES. 55 
Expressing the sense of Congress on the need to inform American consumers 
with more balanced purchasing information for prescription drugs 
through the disclosure of price information in direct-to-consumer (DTC) 
advertisements. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2019 
Mr. BURGESS submitted the following concurrent resolution; which was re-
ferred to the Committee on Energy and Commerce, and in addition to 
the Committee on Ways and Means, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
CONCURRENT RESOLUTION 
Expressing the sense of Congress on the need to inform 
American consumers with more balanced purchasing in-
formation for prescription drugs through the disclosure 
of price information in direct-to-consumer (DTC) adver-
tisements. 
Whereas, on June 13, 2017, the U.S. Senate Committee on 
Health, Education, Labor, and Pensions held a hearing 
entitled, ‘‘The Cost of Prescription Drugs: How the Drug 
Delivery System Affects What Patients Pay’’; 
Whereas, on October 17, 2017, the U.S. Senate Committee 
on Health, Education, Labor, and Pensions held a hear-
ing entitled, ‘‘The Cost of Prescription Drugs: How the 
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Drug Delivery System Affects What Patients Pay, Part 
II’’; 
Whereas, on December 12, 2017, the U.S. Senate Committee 
on Health, Education, Labor, and Pensions held a hear-
ing entitled, ‘‘The Cost of Prescription Drugs: An Exam-
ination of The National Academies of Sciences, Engineer-
ing, and Medicine Report ‘Making Medicines Affordable: 
A National Imperative’ ’’; 
Whereas, on December 13, 2017, the U.S. House of Rep-
resentatives Committee on Energy and Commerce, Sub-
committee on Health, held a hearing on ‘‘Examining the 
Drug Supply Chain’’; 
Whereas, on May 11, 2018, President Donald Trump and 
Health and Human Services Secretary Alex Azar intro-
duced the American Patients First blueprint to bring 
down prescription drug prices; 
Whereas American patients deserve more transparency and 
information to better position them to be well-informed 
participants in their health care decision making as they 
consult with their physician or other licensed health care 
practitioner; 
Whereas the Centers for Medicare & Medicaid Services is the 
single largest payor for drugs in the United States; 
Whereas, in 2016, the Centers for Medicare & Medicaid Serv-
ices and its beneficiaries spent over $174 billion on drugs 
covered under Parts B and D, and $64 billion on drugs 
covered under Medicaid, for a total of more than $238 
billion for prescription drugs; 
Whereas, in 2017, drug manufacturers spent over $5.5 billion 
on prescription drug advertising of which nearly $4.2 bil-
lion was spent on television advertising; and 
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Whereas the ten most commonly advertised drugs have list 
prices ranging from $535 to $11,000 per month or usual 
course of therapy: Now, therefore, be it 
Resolved by the House of Representatives (the Senate 
concurring), That it is the sense of Congress that— 
(1) the efficient administration of both Medi-
care and Medicaid encompasses Federal efforts to 
achieve good value for funds spent in the Medicare 
and Medicaid programs; 
(2) it has directed the Department of Health 
and Human Services to operate the Medicare and 
Medicaid programs efficiently; 
(3) the Department of Health and Human 
Services has the authority to require direct-to-con-
sumer (DTC) television advertisements of prescrip-
tion drugs and biological products to include the 
Wholesale Acquisition Cost (WAC, or ‘‘list price’’) of 
that drug or biological product under sections 1102 
and 1871 of the Social Security Act; and 
(4) the final rule titled ‘‘Medicare and Medicaid 
Programs: Regulation To Require Drug Pricing 
Transparency’’ published by the Centers for Medi-
care & Medicaid Services in the Federal Register on 
May 10, 2019 (84 Fed. Reg. 20732), makes sub-
stantial progress in improving drug pricing trans-
parency; and 
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(5) there should be a statute requiring the in-
clusion of drug pricing information in all direct-to- 
consumer television advertisements for drugs, includ-
ing biological products. 
Æ 
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