I 
118TH CONGRESS 
2D SESSION 
H. R. 9184 
To amend title XI of the Social Security Act to exclude from antikickback 
and other sanctions certain travel and lodging arrangements between 
manufacturers of drugs and individuals being administered such drugs, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 30, 2024 
Mr. GUTHRIE (for himself and Ms. BARRAGA´N) introduced 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 subse-
quently 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 title XI of the Social Security Act to exclude 
from antikickback and other sanctions certain travel and 
lodging arrangements between manufacturers of drugs 
and individuals being administered such 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 ‘‘Patient Access Act 
of 2024’’. 
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SEC. 2. EXCLUDING FROM ANTIKICKBACK AND OTHER 
SANCTIONS CERTAIN TRAVEL AND LODGING 
ARRANGEMENTS 
BETWEEN 
MANUFACTUR-
ERS OF DRUGS AND INDIVIDUALS BEING AD-
MINISTERED SUCH DRUGS. 
(a) IN GENERAL.—Section 1128B of the Social Secu-
rity Act (42 U.S.C. 1320a–7b) is amended— 
(1) in subsection (b)(3)— 
(A) in subparagraph (K), by striking at 
the end ‘‘and’’; 
(B) in subparagraph (L)(iii), by striking at 
the end the period and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(M) an arrangement described in subsection 
(i) between a manufacturer of a drug and an indi-
vidual who is prescribed such drug.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(i) For purposes of subsection (b)(3)(M), an ar-
rangement described in this subsection between a manu-
facturer of a drug and an individual who is prescribed 
such drug is an arrangement entered into on or after Jan-
uary 1, 2025, that satisfies each of the following: 
‘‘(1) The arrangement provides for payment or 
reimbursement by the manufacturer for transpor-
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tation, lodging, meals, or other incidental expenses 
specified by the Secretary connected with the admin-
istration of such drug and relating to travel to and 
from the facility at which such drug is to be admin-
istered, for the individual and up to two caregivers 
of the individual (as determined appropriate by the 
manufacturer, taking into account the individual’s 
age and medical needs) during any portion of the pe-
riod during which such individual is being adminis-
tered such drug (including initial visits to such facil-
ity before such administration, and followup visits to 
such facility after such administration, relating to 
the administration of such drug). 
‘‘(2) The arrangement does not provide for pay-
ment or reimbursement by the manufacturer for 
transportation, lodging, meals, or other incidental 
expenses described in paragraph (1) if the manufac-
turer knows that the individual is eligible to receive 
at no cost, such transportation, lodging, meals, or 
other out-of-pocket expenses, as applicable, from the 
facility at which the drug is administered to the in-
dividual. 
‘‘(3) The manufacturer does not advertise the 
arrangement and makes good-faith efforts to ensure 
that the availability of such arrangement is not dis-
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closed to such individual until after such drug is pre-
scribed to such individual, provided that such manu-
facturer does not interfere with a health care pro-
vider’s ability to furnish such individual with any in-
formation determined appropriate by the provider. 
‘‘(4) If the arrangement provides for payment 
or reimbursement by the manufacturer for transpor-
tation described in paragraph (1), such payment or 
reimbursement is only for— 
‘‘(A) travel that is practical and conven-
ient, taking into account the individual’s mobil-
ity or medical needs, which may include ground 
transportation, air transportation, or transpor-
tation by train; 
‘‘(B) the costs directly associated with the 
travel for the individual and caregivers as de-
scribed in paragraph (1), such as airfare, taxes, 
tolls, gas, or other fees; and 
‘‘(C) travel between the individual’s resi-
dence and the closest facility that is available to 
administer such drug in a manner that is medi-
cally appropriate (as determined by the individ-
ual’s health care provider) for the individual (or 
between any lodging where such individual is 
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staying in relation to such administration and 
such facility). 
‘‘(5) If the arrangement provides for payment 
or reimbursement by the manufacturer for lodging 
described in paragraph (1), such lodging is— 
‘‘(A) reasonable based on the individual’s 
age and medical needs; 
‘‘(B) near the facility at which such indi-
vidual is to be administered such drug; and 
‘‘(C) only provided during the period de-
scribed in paragraph (1). 
‘‘(6) If the arrangement provides for payment 
or reimbursement by the manufacturer for meals or 
other incidental expenses described in paragraph (1), 
the amount of such payment or reimbursement does 
not exceed the per diem rate in effect for meals and 
incidental expenses in the geographic area in which 
such facility is located (as established by the General 
Services Administration) for the individual and for 
each caregiver allowed under the arrangement pur-
suant to paragraph (1). 
‘‘(7) The individual— 
‘‘(A) is determined to have income that 
does not exceed the median income applicable to 
a family of the size involved in the geographic 
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region (as specified by the Secretary) in which 
such individual resides; and 
‘‘(B) lives more than 1 hour of driving dis-
tance (or 50 miles) from the nearest facility 
that administers such drug and is accepting pa-
tients. 
‘‘(8) Such an arrangement is offered by the 
manufacturer to individuals regardless of the facility 
involved in the administration of the drug and re-
gardless of the insurance status of the individual. 
‘‘(9) The arrangement requires the individual to 
agree to not request reimbursement from any Fed-
eral health care program for any costs for which 
payment or reimbursement is made by the manufac-
turer under the arrangement. 
‘‘(10) The manufacturer certifies that the man-
ufacturer does not bill or shift the costs of the ar-
rangement to any of the Federal health care pro-
grams.’’. 
(b) GAO STUDY AND REPORT.—Not later than 3 
years after the date of the enactment of this section, the 
Comptroller General of the United States shall submit to 
Congress a report on arrangements between a manufac-
turer of a drug and an individual who is prescribed such 
drug described in subsection (i) of section 1128B of the 
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(4) with respect to each drug that is the subject 
of such an agreement— 
(A) the average cost directly associated 
with the travel to and from the facility at which 
such drug is to be administered, for the indi-
vidual administered such drug under such an 
arrangement and caregivers of the individual, 
as described in subsection (i)(1) of section 
1128B of the Social Security Act (42 U.S.C. 
1320a–7b), as added by subsection (a); 
(B) the average distance so traveled by 
such individuals and caregivers; 
(C) the average family annual income of 
such individuals; 
(D) the average length of stay at the facil-
ity at which the drug is administered for such 
individuals; 
(E) the total number of such individuals 
with whom such an arrangement has been 
made; and 
(F) the percentage of prescriptions for 
such drug that are filled when such an arrange-
ment is available to the individual being admin-
istered such drug compared to the percentage 
of prescriptions for such drug that are filled 
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when such an arrangement is not so available; 
and 
(5) an analysis of the efficacy of any oversight 
conducted to ensure that such arrangements adhere 
to any applicable guidance from the Office of the In-
spector General of the Department of Health and 
Human Services on avoiding waste, fraud, and 
abuse. 
Æ 
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