We Protect American Investment in Drugs Act or the We PAID Act

This bill limits the price of certain prescription drugs that rely on patents developed with federal support.

The bill requires the Department of Health and Human Services to contract with the National Academy of Medicine to conduct a study for determining the reasonableness of the price of such prescription drugs. The bill also establishes the Drug Affordability and Access Committee, which must use the study to develop a methodology and then determine whether the price of each applicable drug is reasonable after the drug enters the market.

Further, the bill establishes certain pricing requirements for such prescription drugs. First, the manufacturer must submit to the committee the list and retail prices for the drug as well as specified expenditure information. Second, after a drug is on the market for one year, the manufacture must set the drug’s list price at no more than the committee’s reasonable price determination. Third, subsequent price increases are capped at the annual percentage change in the medical care consumer price index for prescription drugs. The penalties for noncompliance with these requirements include expiration of marketing exclusivity, fines, and prohibitions on entering licensing agreements for the applicable drug.

Additionally, the bill revises the patent application requirements for drugs to include the disclosure of specified federal grants.