I 
119TH CONGRESS 
2D SESSION 
H. R. 7391 
To amend title III of the Public Health Service Act to ensure that Federally- 
qualified health centers are not required to pay more than the 340B 
ceiling price for covered outpatient drugs at the time of purchase. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 5, 2026 
Mr. BERGMAN (for himself, Mr. AUCHINCLOSS, Mr. MOULTON, Mr. LYNCH, 
Mr. SMUCKER, Ms. LOIS FRANKEL of Florida, Ms. NORTON, Mr. MANN, 
Mr. MRVAN, Ms. BALINT, Ms. DAVIDS of Kansas, Ms. MALOY, Mr. 
BRESNAHAN, Mr. CLEAVER, Ms. ANSARI, Mr. HUIZENGA, Ms. MCBRIDE, 
Ms. TITUS, Ms. TLAIB, Mr. NEGUSE, Mr. CRANK, Ms. LEE of Nevada, 
Mr. LUCAS, Mr. LARSEN of Washington, and Mr. COHEN) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce 
A BILL 
To amend title III of the Public Health Service Act to 
ensure that Federally-qualified health centers are not 
required to pay more than the 340B ceiling price for 
covered outpatient drugs at the time of purchase. 
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 ‘‘Community Health 
Center Drug Pricing Protection Act’’. 
VerDate Sep 11 2014 
22:07 Feb 09, 2026
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7391.IH
H7391
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 2. ENSURING UPFRONT 340B DISCOUNTED PRICING 
FOR FEDERALLY-QUALIFIED HEALTH CEN-
TERS. 
(a) IN GENERAL.—Section 340B(a) of the Public 
Health Service Act (42 U.S.C. 256b(a)) is amended by 
adding at the end the following new paragraph: 
‘‘(11) UPFRONT
DISCOUNTED
PRICING
FOR 
FEDERALLY-QUALIFIED
HEALTH
CENTERS.—The 
Secretary may not enter into an agreement with a 
manufacturer of covered outpatient drugs under 
paragraph (1) under which the amount required to 
be paid to the manufacturer for covered outpatient 
drugs by a covered entity described in paragraph 
(4)(A) exceeds, at the point of purchase of such 
drug, the applicable ceiling price for such drug (as 
described in paragraph (1)).’’. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion, or the amendment made by this section, shall be con-
strued to permit under paragraph (1) of section 340B(a) 
of the Public Health Service Act (42 U.S.C. 256b(a)) any 
arrangement under which a covered entity described in 
paragraph (4)(A) of such section pays to the manufacturer 
of a covered outpatient drug an amount in excess of the 
applicable ceiling price for such drug (as described in such 
paragraph (1)) at the time of purchase, with later rec-
onciliation by rebate, reimbursement, or other payment. 
VerDate Sep 11 2014 
22:07 Feb 09, 2026
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7391.IH
H7391
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(c) EFFECTIVE DATES.— 
(1) IN GENERAL.—The amendments made by 
this section shall take effect on the date of the en-
actment of this section and shall apply to drugs pur-
chased on or after the date of the enactment of this 
section. 
(2) APPLICATION TO EXISTING AGREEMENTS.— 
Beginning on the date of the enactment of this sec-
tion, the amendments made by this section shall be 
taken into account in determining whether an agree-
ment with a manufacturer of covered outpatient 
drugs meets the requirements of section 340B(a) of 
the Public Health Service Act (42 U.S.C. 256b(a)). 
Æ 
VerDate Sep 11 2014 
22:07 Feb 09, 2026
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H7391.IH
H7391
kjohnson on DSK7ZCZBW3PROD with $$_JOB