Title: Transparency in Prescription Drug Advertising Act
Policy area: Health

Summary:
Transparency in Prescription Drug Advertising Act
This bill requires that the list prices of drugs be included, as appropriate, in advertising for such drugs and directs the Department of Health and Human Services to issue department-wide guidance to that effect that is consistent with regulations issued by the Centers for Medicare & Medicaid Services (CMS) regarding drug price transparency.
On May 10, 2019, the CMS issued a final rule titled Medicare and Medicaid Programs; Regulation to Require Drug Pricing Transparency. The rule requires direct-to-consumer television advertisements for drugs and biologics covered under Medicare and Medicaid to include the list price of a 30-day supply or for a typical course of treatment, if the list price is at least $35 per month. The rule was scheduled to take effect on July 9, 2019; however, a federal court blocked the rule's implementation, citing a lack of statutory authority.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5894 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 5894

To direct the Secretary of Health and Human Services to issue guidance 
requiring the list prices of drugs to be included in advertisements for 
                              such drugs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2020

  Ms. Davids of Kansas (for herself, Ms. Slotkin, and Ms. Finkenauer) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Health and Human Services to issue guidance 
requiring the list prices of drugs to be included in advertisements for 
                              such drugs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparency in Prescription Drug 
Advertising Act''.

SEC. 2. PRICING TRANSPARENCY IN DRUG ADVERTISING.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Secretary of Health and Human Services, in 
consultation with the Commissioner of Food and Drugs and the 
Administrator of the Centers for Medicare & Medicaid Services, shall 
issue department-wide guidance requiring the list prices of drugs to be 
included, as appropriate, in all advertising of drugs, including by 
means of television, newspapers, the internet, or other media.
    (b) Enforcement; Consistency.--The guidance under subsection (a)--
            (1) shall include appropriate enforcement mechanisms for 
        failure to make disclosures in accordance with the guidance; 
        and
            (2) should be consistent with the regulation of the Centers 
        for Medicare & Medicaid Services related to drug pricing 
        transparency.
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