I 
116TH CONGRESS 
2D SESSION 
H. R. 8546 
To amend titles XIX and XXI of the Social Security Act to give States 
the option to extend the Medicaid drug rebate program to the Children’s 
Health Insurance Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 6, 2020 
Ms. WILD (for herself, Mr. FITZPATRICK, Mr. SAN NICOLAS, Mr. VELA, Ms. 
SCANLON, Ms. DEAN, Mrs. HAYES, Mr. CUELLAR, Mr. EVANS, Mr. 
THOMPSON of Mississippi, Mr. CARTWRIGHT, and Mr. GRIJALVA) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
A BILL 
To amend titles XIX and XXI of the Social Security Act 
to give States the option to extend the Medicaid drug 
rebate program to the Children’s Health Insurance Pro-
gram, 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 ‘‘Fair Drug Prices for 
Kids Act’’. 
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SEC. 2. REDUCING PRESCRIPTION DRUG COSTS FOR CHIL-
DREN’S MEDICINE. 
(a) IN GENERAL.—Section 1927(a) of the Social Se-
curity Act (42 U.S.C. 1396r–8)(a) is amended by adding 
at the end the following new paragraph: 
‘‘(8) STATE
OPTION
TO
APPLY
REBATE
RE-
QUIREMENTS
TO
THE
STATE
CHILD
HEALTH 
PLAN.— 
‘‘(A) IN GENERAL.—A State may elect to 
apply the requirements of this section and regu-
lations promulgated to carry out this section to 
covered outpatient drugs for which payment is 
available under the State child health plan 
under title XXI in the same manner as such re-
quirements apply to the State plan under this 
title, subject to such guidance as the Secretary 
shall establish. 
‘‘(B) APPLICATION
RULES.—If a State 
makes an election under subparagraph (A), 
then, in applying this section with respect to 
that State— 
‘‘(i) paragraph (1) of this subsection 
shall be applied as if ‘or section 2105 (if 
the State has elected to apply this section 
to the State child health plan under title 
XXI)’ were inserted after ‘1903(a)’; 
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‘‘(ii) paragraph (7)(A) of this sub-
section shall be applied— 
‘‘(I) as if ‘or section 2105 (if the 
State has elected to apply this section 
to the State child health plan under 
title 
XXI)’ 
were 
inserted 
after 
‘1903(a)’; and 
‘‘(II) as if ‘(or, if the State has 
elected to apply this section to the 
State child health plan under title 
XXI, on or after the date this section 
first applies to the State)’ were in-
serted after ‘January 1, 2006’; 
‘‘(iii) paragraph (7)(B)(ii) of this sub-
section shall be applied— 
‘‘(I) as if ‘or section 2105 (if the 
State has elected to apply this section 
to the State child health plan under 
title 
XXI)’ 
were 
inserted 
after 
‘1903(a)’; and 
‘‘(II) as if ‘(or, if the State has 
elected to apply this section to the 
State child health plan under title 
XXI, on or after the date this section 
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first applies to the State)’ were in-
serted after ‘January 1, 2008’; 
‘‘(iv) subsection (b)(1)(A) shall be ap-
plied as if ‘(or, if the State has elected to 
apply this section to the State child health 
plan under title XXI, on or after the date 
this section first applies to the State, to 
each State child health plan for which pay-
ment was made under such State child 
health plan for such period)’ were inserted 
after ‘such period’; 
‘‘(v) subsection (b)(1)(B) shall be ap-
plied as if ‘(or a reduction in the amount 
expended under the State child health plan 
in the quarter for child health assistance 
or pregnancy-related assistance for pur-
poses of section 2105 if the State has 
elected to apply this section to the State 
child health plan under title XXI)’ were in-
serted after ‘1903(a)(1)’; and 
‘‘(vi) 
paragraphs 
(2)(A)(i) 
and 
(3)(A)(ii) of subsection (c) shall each be 
applied as if ‘(or, if the State has elected 
to apply this section to the State child 
health plan under title XXI, on or after 
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the date this section first applies to the 
State)’ were inserted after ‘December 31, 
1990’ each place it appears.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 2107(e)(1) of the Social Security 
Act (42 U.S.C. 1397gg(e)(1)) is amended— 
(A) by redesignating subparagraphs (D) 
through (S) as subparagraphs (E) through (T), 
respectively; and 
(B) by inserting after subparagraph (C) 
the following new subparagraph: 
‘‘(D) Section 1902(a)(54) (relating to com-
pliance with the requirements of section 1927 
but only if the State has elected to apply such 
requirements to the State child health plan 
under this title).’’. 
(2) Section 2110(a)(6) of the Social Security 
Act (42 U.S.C. 1397jj(a)(6)) is amended by insert-
ing ‘‘and, if the State has elected to apply the re-
quirements of section 1927 to the State child health 
plan under this title, covered outpatient drugs, as 
defined in section 1927(k)(2),’’ after ‘‘Prescription 
drugs and biologicals’’. 
Æ 
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