Transparency in Prescription Drug Advertising Act

Bill: 116-hr-5894
Sponsor: full_name: Rep. Davids, Sharice [D-KS-3]
Introduced: 2020-02-13
Policy area: Health
Subjects: Drug safety, medical device, and laboratory regulation

Inflation and prices

Marketing and advertising

Prescription drugs
Latest action: action_date: 2020-02-13
text: Referred to the House Committee on Energy and Commerce.

Summaries:
action_date: 2020-02-13
action_desc: Introduced in House
text: <p><b>Transparency in Prescription Drug Advertising Act</b></p> <p>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 &amp; Medicaid Services (CMS) regarding drug price transparency.</p> <p>On May 10, 2019, the CMS issued a final rule titled <em>Medicare and Medicaid Programs; Regulation to Require Drug Pricing Transparency</em>. 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. </p>

tv_txt: I 116th CONGRESS 2d Session H. R. 5894 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.

1. Short title This Act may be cited as the Transparency in Prescription Drug Advertising Act . 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.