I 
114TH CONGRESS 
1ST SESSION H. R. 4207 
To amend part D of title XVIII of the Social Security Act to require 
the Secretary of Health and Human Services to determine, on behalf 
of Medicare beneficiaries, covered part D drug prices for certain covered 
part D drugs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 9, 2015 
Ms. SCHAKOWSKY (for herself, Mr. DOGGETT, Ms. LEE, Mr. POCAN, Ms. 
DELAURO, Mr. MCDERMOTT, Mr. WELCH, and Mr. CUMMINGS) intro-
duced the following bill; which was referred to the Committee 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 determine, on behalf of Medicare beneficiaries, 
covered part D drug prices for certain covered part D 
drugs, and for other purposes. 
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 Fair Drug 
Pricing Act of 2015’’. 
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SEC. 2. REQUIREMENT TO DETERMINE LOWER COVERED 
PART D DRUG PRICES FOR CERTAIN COV-
ERED PART D DRUGS. 
(a) IN GENERAL.—Section 1860D–11(i) of the Social 
Security Act (42 U.S.C. 1395w–111(i)) is amended— 
(1) by striking ‘‘(i) NONINTERFERENCE.—In’’ 
and inserting the following: 
‘‘(i) NONINTERFERENCE.— 
‘‘(1) IN GENERAL.—In’’; 
(2) by inserting ‘‘subject to paragraph (2),’’ 
after ‘‘part,’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) EXCEPTION FOR SPECIFIED DRUGS.— 
‘‘(A) REQUIREMENT.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
paragraph (1), the part D price for speci-
fied drugs shall be determined in accord-
ance with the process described in sub-
paragraph (B). 
‘‘(ii) SPECIFIED
DRUGS.—For pur-
poses of this paragraph, the term ‘specified 
drug’ means a covered part D drug— 
‘‘(I) that is— 
‘‘(aa) a single source drug 
or biological; 
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‘‘(bb) not a biological prod-
uct licensed pursuant to an appli-
cation under section 351(k) of 
the Public Health Service Act; 
and 
‘‘(cc) not both manufactured 
by more than two drug manufac-
turers and manufactured by at 
least one such manufacturer as a 
generic drug; or 
‘‘(II) that— 
‘‘(aa) is selected by the Sec-
retary for purposes of this para-
graph; and 
‘‘(bb) the Secretary deter-
mines is a covered part D drug 
with respect to which there is 
limited ability for PDP sponsors 
and MA organizations to nego-
tiate manufacturer rebates, such 
that the Secretary determines 
that the failure to apply this 
paragraph will have a significant 
fiscal impact on the program 
under this title. 
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