Title: Expressing the sense of Congress on the need to inform American consumers with more balanced purchasing information for prescription drugs through the disclosure of price information in direct-to-consumer (DTC) advertisements.
Policy area: Health

Summary:
This concurrent resolution expresses the sense of Congress that (1) the efficient administration of Medicare and Medicaid encompasses federal efforts to achieve good value for funds spent in those programs; (2) the Centers for Medicare & Medicaid Services (CMS) has the authority to require direct-to-consumer television advertisements of prescription drugs and biological products to include the drug or product's list price; (3) the final rule by the CMS published in the Federal Register on May 10, 2019, makes substantial progress in improving drug pricing transparency; and (4) such rule should be enacted into law.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 55 Introduced in House (IH)]

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116th CONGRESS
  1st Session
H. CON. RES. 55

    Expressing the sense of Congress on the need to inform American 
 consumers with more balanced purchasing information for prescription 
drugs through the disclosure of price information in direct-to-consumer 
                         (DTC) advertisements.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2019

 Mr. Burgess submitted the following concurrent resolution; 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

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
    Expressing the sense of Congress on the need to inform American 
 consumers with more balanced purchasing information for prescription 
drugs through the disclosure of price information in direct-to-consumer 
                         (DTC) advertisements.

Whereas, on June 13, 2017, the U.S. Senate Committee on Health, Education, 
        Labor, and Pensions held a hearing entitled, ``The Cost of Prescription 
        Drugs: How the Drug Delivery System Affects What Patients Pay'';
Whereas, on October 17, 2017, the U.S. Senate Committee on Health, Education, 
        Labor, and Pensions held a hearing entitled, ``The Cost of Prescription 
        Drugs: How the Drug Delivery System Affects What Patients Pay, Part 
        II'';
Whereas, on December 12, 2017, the U.S. Senate Committee on Health, Education, 
        Labor, and Pensions held a hearing entitled, ``The Cost of Prescription 
        Drugs: An Examination of The National Academies of Sciences, 
        Engineering, and Medicine Report `Making Medicines Affordable: A 
        National Imperative''';
Whereas, on December 13, 2017, the U.S. House of Representatives Committee on 
        Energy and Commerce, Subcommittee on Health, held a hearing on 
        ``Examining the Drug Supply Chain'';
Whereas, on May 11, 2018, President Donald Trump and Health and Human Services 
        Secretary Alex Azar introduced the American Patients First blueprint to 
        bring down prescription drug prices;
Whereas American patients deserve more transparency and information to better 
        position them to be well-informed participants in their health care 
        decision making as they consult with their physician or other licensed 
        health care practitioner;
Whereas the Centers for Medicare & Medicaid Services is the single largest payor 
        for drugs in the United States;
Whereas, in 2016, the Centers for Medicare & Medicaid Services and its 
        beneficiaries spent over $174 billion on drugs covered under Parts B and 
        D, and $64 billion on drugs covered under Medicaid, for a total of more 
        than $238 billion for prescription drugs;
Whereas, in 2017, drug manufacturers spent over $5.5 billion on prescription 
        drug advertising of which nearly $4.2 billion was spent on television 
        advertising; and
Whereas the ten most commonly advertised drugs have list prices ranging from 
        $535 to $11,000 per month or usual course of therapy: Now, therefore, be 
        it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that--
            (1) the efficient administration of both Medicare and 
        Medicaid encompasses Federal efforts to achieve good value for 
        funds spent in the Medicare and Medicaid programs;
            (2) it has directed the Department of Health and Human 
        Services to operate the Medicare and Medicaid programs 
        efficiently;
            (3) the Department of Health and Human Services has the 
        authority to require direct-to-consumer (DTC) television 
        advertisements of prescription drugs and biological products to 
        include the Wholesale Acquisition Cost (WAC, or ``list price'') 
        of that drug or biological product under sections 1102 and 1871 
        of the Social Security Act; and
            (4) the final rule titled ``Medicare and Medicaid Programs: 
        Regulation To Require Drug Pricing Transparency'' published by 
        the Centers for Medicare & Medicaid Services in the Federal 
        Register on May 10, 2019 (84 Fed. Reg. 20732), makes 
        substantial progress in improving drug pricing transparency; 
        and
            (5) there should be a statute requiring the inclusion of 
        drug pricing information in all direct-to-consumer television 
        advertisements for drugs, including biological products.
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