I 
115TH CONGRESS 
1ST SESSION 
H. R. 242 
To amend part D of title XVIII of the Social Security Act to require 
the Secretary of Health and Human Services to negotiate covered part 
D drug prices on behalf of Medicare beneficiaries. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2017 
Mr. WELCH (for himself, Ms. SCHAKOWSKY, Ms. DELAURO, Mr. CUMMINGS, 
Mr. ELLISON, Mr. POCAN, Mr. CICILLINE, Ms. KAPTUR, Mr. LIPINSKI, 
Ms. MCCOLLUM, Ms. CASTOR of Florida, Mr. GRIJALVA, Mr. LYNCH, Mr. 
COHEN, Ms. MICHELLE LUJAN GRISHAM of New Mexico, and Mr. CART-
WRIGHT) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Ways and Means, for a period to be subsequently 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 part D of title XVIII of the Social Security 
Act to require the Secretary of Health and Human Serv-
ices to negotiate covered part D drug prices on behalf 
of Medicare beneficiaries. 
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 ‘‘Medicare Prescription 
Drug Price Negotiation Act of 2017’’. 
VerDate Sep 11 2014 
00:36 Jan 12, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H242.IH
H242
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 2. NEGOTIATION OF LOWER COVERED PART D DRUG 
PRICES ON BEHALF OF MEDICARE BENE-
FICIARIES. 
(a) NEGOTIATION BY SECRETARY.—Section 1860D– 
11 of the Social Security Act (42 U.S.C. 1395w–111) is 
amended by striking subsection (i) (relating to noninter-
ference) and inserting the following: 
‘‘(i) NEGOTIATION OF LOWER DRUG PRICES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary shall negotiate with 
pharmaceutical manufacturers the prices (including 
discounts, rebates, and other price concessions) that 
may be charged to PDP sponsors and MA organiza-
tions for covered part D drugs for part D eligible in-
dividuals who are enrolled under a prescription drug 
plan or under an MA–PD plan. 
‘‘(2) 
NO
CHANGE
IN
RULES
FOR 
FORMULARIES.— 
‘‘(A) IN GENERAL.—Nothing in paragraph 
(1) shall be construed to authorize the Sec-
retary to establish or require a particular for-
mulary. 
‘‘(B) CONSTRUCTION.—Subparagraph (A) 
shall not be construed as affecting the Sec-
retary’s authority to ensure appropriate and 
adequate access to covered part D drugs under 
VerDate Sep 11 2014 
00:36 Jan 12, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H242.IH
H242
SSpencer on DSK4SPTVN1PROD with BILLS
prescription drug plans and under MA–PD 
plans, including compliance of such plans with 
formulary requirements under section 1860D– 
4(b)(3). 
‘‘(3) CONSTRUCTION.—Nothing in this sub-
section shall be construed as preventing the sponsor 
of a prescription drug plan, or an organization offer-
ing an MA–PD plan, from obtaining a discount or 
reduction of the price for a covered part D drug 
below the price negotiated under paragraph (1). 
‘‘(4) SEMI-ANNUAL REPORTS TO CONGRESS.— 
Not later than June 1, 2018, and every 6 months 
thereafter, the Secretary shall submit to the Com-
mittees on Ways and Means, Energy and Commerce, 
and Oversight and Government Reform of the House 
of Representatives and the Committee on Finance of 
the Senate a report on negotiations conducted by the 
Secretary to achieve lower prices for Medicare bene-
ficiaries, and the prices and price discounts achieved 
by the Secretary as a result of such negotiations.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall first apply to negotiations and 
prices for plan years beginning on January 1, 2018. 
Æ 
VerDate Sep 11 2014 
00:36 Jan 12, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H242.IH
H242
SSpencer on DSK4SPTVN1PROD with BILLS