H.R. 3 - 116th Congress (2019-2020) - Elijah E. Cummings Lower Drug Costs Now Act

In particular, the bill requires the Department of Health and Human Services (HHS) to negotiate prices for certain drugs (current law prohibits HHS from doing so). Specifically, HHS must negotiate maximum prices for (1) insulin products; and (2) at least 25 single source, brand-name drugs that do not have generic competition and that are among the 125 drugs that account for the greatest national spending or the 125 drugs that account for the greatest spending under the Medicare prescription drug benefit and Medicare Advantage (MA). The negotiated prices must be offered under Medicare and MA, and may also be offered under private health insurance unless the insurer opts out.

The negotiated maximum price may not exceed (1) 120% of the average price in Australia, Canada, France, Germany, Japan, and the United Kingdom; or (2) if such information is not available, 85% of the U.S. average manufacturer price. Drug manufacturers that fail to comply with the bill's negotiation requirements are subject to civil and tax penalties.

The bill also makes a series of additional changes to Medicare prescription drug coverage and pricing. Among other things, the bill (1) requires drug manufacturers to issue rebates to the Centers for Medicare & Medicaid Services for covered drugs that cost $100 or more and for which the average manufacturer price increases faster than inflation; and (2) reduces the annual out-of-pocket spending threshold, and eliminates beneficiary cost-sharing above this threshold, under the Medicare prescription drug benefit.

Text (4)

Placed on Calendar Senate

September 8, 2020

Engrossed in House

December 12, 2019

Reported in House

December 9, 2019

Introduced in House

September 19, 2019

Amendments (12)

Dec 12, 2019

Agreed to in House

Sponsorship

House Amendment 722

An amendment numbered 12 printed in Part B of House Report 116-334 to increase funding for clinical trials at NIH and ban the use of spread pricing by PBMs as it relates to Medicaid.

Agreed To

Dec 12, 2019

Agreed to in House

Sponsorship

House Amendment 721

Amendment allows the Department of Veterans Affairs to benefit from Maximum Fair Pricing guidelines.

Agreed To

Dec 12, 2019

Agreed to in House

Sponsorship

House Amendment 720

An amendment numbered 10 printed in Part B of House Report 116-334 to clarify that federal employee health plans are covered by the price reduction provisions of the bill.

Agreed To

Dec 12, 2019

Agreed to in House

Sponsorship

House Amendment 719

An amendment numbered 9 printed in Part B of House Report 116-334 to require drug companies to disclose truthful and non-misleading pricing information about prescription drugs and biological products when they advertise these products directly to consumers.

Agreed To

Dec 12, 2019

Agreed to in House

Sponsorship

House Amendment 718

An amendment numbered 8 printed in Part B of House Report 116-334 to establish a grant program for states to reduce the burdens associated with health care administrative work and reduces HHS administrative costs by 50% over 10 years.

Agreed To

Dec 12, 2019

Agreed to in House

Sponsorship

House Amendment 717

Amendment requires an HHS study to identify conditions without an FDA-approved treatment where the development of a treatment would fill an unmet medical need for a serious or life-threatening condition or rare disease. Also, the amendment requires HHS to identify appropriate incentives that would lead to the development of such treatments.

Agreed To

Dec 12, 2019

Agreed to in House

Sponsorship

House Amendment 716

An amendment numbered 6 printed in Part B of House Report 116-334 to express the Sense of Congress regarding the impact of the high cost of prescription drugs on communities of color and persons living in rural or sparsely populated areas of the United States.

Agreed To

Dec 12, 2019

Agreed to in House

Sponsorship

House Amendment 715

Amendment creates a grant program within HHS for hospitals located in rural and medically underserved areas, including Critical Access Hospitals, to cover the start-up costs for establishing a Graduate Medical Education (GME) program or a partnership with a hospital that has an existing program. Amendment includes a reporting requirement for GAO to analyze whether residents continue to practice in a rural or medically underserved area after completing their training.

Agreed To

Dec 12, 2019

Agreed to in House

Sponsorship

House Amendment 714

An amendment numbered 4 printed in Part B of House Report 116-334 to require another Senate confirmed officer with HHS to carry out the negotiation duties should the Secretary of HHS have a conflict of interest. The General Counsel of HHS would be responsible for identifying these conflicts.

Agreed To

Dec 12, 2019

Agreed to in House

Sponsorship

House Amendment 713

An amendment numbered 3 printed in Part B of House Report 116-334 to to authorize a pilot program to develop, expand, and enhance the commercialization of biomedical products, and for other purposes.

Agreed To

Dec 12, 2019

Agreed to in House

Sponsorship

House Amendment 712

An amendment numbered 2 printed in Part B of House Report 116-334 to require CMS to create and implement a measure in the Star Ratings program evaluating Medicare Advantage and Part D plans on how well they provide access to biosimilar drugs.

Agreed To

Dec 12, 2019

Not Agreed to in House

Sponsorship

House Amendment 711

Amendment sought to strike all after the enacting clause and insert new text entitled, "Lower Costs, More Cures Act of 2019" which appears on page H10167 of the Congressional Record of December 12, 2019.

Active

Actions (59)

Show Only Major Actions

09/08/2020

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 521.

08/13/2020

Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

12/16/2019

Received in the Senate.

12/12/2019

Motion to reconsider laid on the table Agreed to without objection.

12/12/2019

On passage Passed by the Yeas and Nays: 230 - 192 (Roll no. 682).

12/12/2019

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 230 - 192 (Roll no. 682).

12/12/2019

On motion to recommit with instructions Failed by the Yeas and Nays: 196 - 226 (Roll no. 681).

12/12/2019

The previous question on the motion to recommit with instructions was ordered without objection.

12/12/2019

DEBATE - The House proceeded with 10 minutes of debate on the Upton motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to change the effective date of the Act until the Secretary of Health and Human Services certifies that the implementation of the provisions in the bill are not projected to result in fewer new drug applications with respect to unmet medical needs and life saving cures.

12/12/2019

Mr. Upton moved to recommit with instructions to the Committee on Energy and Commerce. (text: CR H10223)

12/12/2019

The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

12/12/2019

The previous question was ordered pursuant to the rule.

12/12/2019

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3.

12/12/2019

UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which were debated earlier and on which further proceedings had been postponed.

12/12/2019

DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Houlahan amendment No. 12.

12/12/2019

POSTPONED PROCEEDINGS - At the conclusion of debate on the Cunningham amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Roe (TN) demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

12/12/2019

DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Cunningham amendment No. 11.

12/12/2019

POSTPONED PROCEEDINGS - At the conclusion of debate on the Luria amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Walden demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

12/12/2019

DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Luria amendment No. 10.

12/12/2019

DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Finkenauer amendment No. 9.

12/12/2019

DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Axne amendment No. 8.

12/12/2019

POSTPONED PROCEEDINGS - At the conclusion of debate on the Gottheimer amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Gottheimer demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

12/12/2019

DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Gottheimer amendment No. 7.

12/12/2019

DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Kennedy amendment No. 6.

12/12/2019

POSTPONED PROCEEDINGS - At the conclusion of debate on the O'Halleran amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. O'Halleran demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

12/12/2019

DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the O'Halleran amendment No. 5.

12/12/2019

DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Kennedy amendment No. 4.

12/12/2019

DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Peters amendment No. 3.

12/12/2019

DEBATE - Pursuant to the provisions of H. Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Tonko amendment No. 2.

12/12/2019

POSTPONED PROCEEDINGS - At the conclusion of debate on the Walden amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Walden demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

12/12/2019

DEBATE - Pursuant to the provisions of H.Res. 758, the Committee of the Whole proceeded with 10 minutes of debate on the Walden amendment No. 1.

12/12/2019

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of further debate on H.R. 3.

12/12/2019

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

12/12/2019

Considered as unfinished business. (consideration: CR H10129-10225; text: CR H10141-10167)

12/11/2019

Committee of the Whole House on the state of the Union rises leaving H.R. 3 as unfinished business.

12/11/2019

On motion that the Committee rise Agreed to by voice vote.

12/11/2019

Mr. Scott (VA) moved that the Committee rise.

12/11/2019

GENERAL DEBATE - The Committee of the Whole proceeded with four hours of general debate on H.R. 3.

12/11/2019

The Speaker designated the Honorable Donald M. Payne, Jr. to act as Chairman of the Committee.

12/11/2019

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 758 and Rule XVIII.

12/11/2019

The rule provides for consideration of H.R. 3, under a structured rule, with 4 hours of general debate. The rule provides for consideration of H.R. 5038 under a closed rule, with 1 hour of general debate. The rule provides for consideration of the conference report to accompany S. 1790 with 1 hour of debate.

12/11/2019

Considered under the provisions of rule H. Res. 758. (consideration: CR H10096-10117)

12/10/2019

Rules Committee Resolution H. Res. 758 Reported to House. The rule provides for consideration of H.R. 3, under a structured rule, with 4 hours of general debate. The rule provides for consideration of H.R. 5038 under a closed rule, with 1 hour of general debate. The rule provides for consideration of the conference report to accompany S. 1790 with 1 hour of debate.

12/09/2019

Placed on the Union Calendar, Calendar No. 264.

12/09/2019

Reported (Amended) by the Committee on Education and Labor. H. Rept. 116-324, Part III.

12/06/2019

House Committee on Education and Labor Granted an extension for further consideration ending not later than Dec. 9, 2019.

12/06/2019

Reported (Amended) by the Committee on Ways and Means. H. Rept. 116-324, Part II.

12/06/2019

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 116-324, Part I.

10/22/2019

Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 24 - 17.

10/22/2019

Committee Consideration and Mark-up Session Held.

10/17/2019

Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 21.

10/17/2019

Committee Consideration and Mark-up Session Held.

10/17/2019

Subcommittee on Health Discharged.

10/17/2019

Ordered to be Reported by the Yeas and Nays: 30 - 22.

09/25/2019

Subcommittee Hearings Held.

09/20/2019

Referred to the Subcommittee on Health.

09/19/2019

Referred to the Subcommittee on Health.

09/19/2019

Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, 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.

09/19/2019

Introduced in House

Public Record

Record Updated

Nov 1, 2022 1:49:57 PM