I 
119TH CONGRESS 
1ST SESSION H. R. 5127 
To amend title XXVII of the Public Health Service Act, titles XVIII, XIX, 
and XXI of the Social Security Act, and title 5, United States Code, 
to require no-cost coverage of certain HIV prevention services. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 4, 2025 
Ms. WATERS (for herself, Mr. GARCIA of California, Mr. NADLER, Ms. NOR-
TON, Mr. THOMPSON of Mississippi, Mr. KRISHNAMOORTHI, Ms. GARCIA 
of Texas, Ms. VELA´ZQUEZ, Ms. SEWELL, Mr. CARSON, Mr. JACKSON of 
Illinois, Ms. TITUS, Mr. JOHNSON of Georgia, Mrs. MCIVER, Mrs. 
BEATTY, Mr. CLEAVER, Mr. COHEN, Ms. WILSON of Florida, Ms. SIMON, 
Mr. THANEDAR, Mr. MULLIN, Mrs. RAMIREZ, Ms. BARRAGA´N, Mrs. 
WATSON COLEMAN, Ms. TLAIB, Ms. CLARKE of New York, and Ms. WIL-
LIAMS of Georgia) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees 
on Ways and Means, and Oversight and Government Reform, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend title XXVII of the Public Health Service Act, 
titles XVIII, XIX, and XXI of the Social Security Act, 
and title 5, United States Code, to require no-cost cov-
erage of certain HIV prevention services. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
00:06 Sep 05, 2025
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5127.IH
H5127
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘PrEP and PEP are 
Prevention Act’’. 
SEC. 2. NO-COST COVERAGE OF HIV PREVENTION SERV-
ICES. 
(a) PRIVATE INSURANCE.— 
(1) IN GENERAL.—Section 2713(a) of the Pub-
lic Health Service Act (42 U.S.C. 300gg–13(a)) is 
amended— 
(A) in paragraph (2), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (3), by striking the pe-
riod and inserting a semicolon; 
(C) in paragraph (4), by striking the pe-
riod and inserting a semicolon; 
(D) in paragraph (5), by striking the pe-
riod and inserting ‘‘; and’’; and 
(E) by adding at the end the following: 
‘‘(6) any prescription drug approved by the 
Food and Drug Administration for the prevention of 
HIV (other than a drug subject to preauthorization 
requirements consistent with section 2729A), includ-
ing any such drug approved for use as pre-exposure 
prophylaxis (commonly referred to as ‘PrEP’) or as 
post-exposure prophylaxis (commonly referred to as 
‘PEP’), administrative fees for such drugs, labora-
VerDate Sep 11 2014 
00:06 Sep 05, 2025
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5127.IH
H5127
kjohnson on DSK7ZCZBW3PROD with $$_JOB
tory and other diagnostic procedures associated with 
the use of such drugs, counseling with respect to 
HIV prevention (including HIV risk assessment, 
HIV risk reduction, and medication adherence), and 
clinical follow up and monitoring, including any re-
lated services recommended in current United States 
Public Health Service clinical practice guidelines, 
without limitation.’’. 
(2) PROHIBITION ON PREAUTHORIZATION RE-
QUIREMENTS.—Subpart II of part A of title XXVII 
of the Public Health Service Act (42 U.S.C. 300gg– 
11 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 2729A. PROHIBITION ON PREAUTHORIZATION RE-
QUIREMENTS WITH RESPECT TO CERTAIN 
SERVICES. 
‘‘A group health plan or a health insurance issuer of-
fering group or individual health insurance coverage shall 
not impose any preauthorization requirements with re-
spect to coverage of the services described in section 
2713(a)(6), except that a plan or issuer may impose 
preauthorization requirements with respect to coverage of 
a particular drug approved under section 505(c) of the 
Federal Food, Drug, and Cosmetic Act or section 351(a) 
of this Act if such plan or issuer provides coverage without 
VerDate Sep 11 2014 
00:06 Sep 05, 2025
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5127.IH
H5127
kjohnson on DSK7ZCZBW3PROD with $$_JOB