I
119THCONGRESS
1
STSESSION H. R. 1922
To amend title XVIII of the Social Security Act to exempt certain drugs
from the part D manufacturer discount program under the Medicare program.
IN THE HOUSE OF REPRESENTATIVES
MARCH6, 2025
Mr. G
ARBARINO(for himself, Mrs. HARSHBARGER, and Mr. SUOZZI) intro-
duced the following bill; 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
A BILL
To amend title XVIII of the Social Security Act to exempt
certain drugs from the part D manufacturer discount
program under the Medicare program.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Ensuring Access to 4
Essential Drugs Act’’. 5
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•HR 1922 IH
SEC. 2. EXEMPTING CERTAIN DRUGS FROM THE PART D 1
MANUFACTURER DISCOUNT PROGRAM 2
UNDER THE MEDICARE PROGRAM. 3
Section 1860D–14C(g)(2) of the Social Security Act 4
(42 U.S.C. 1395w–114c(g)(2)) is amended— 5
(1) in subparagraph (A), by striking ‘‘and’’ at 6
the end; 7
(2) in subparagraph (B), by striking the period 8
and inserting ‘‘; and’’; and 9
(3) by adding at the end the following new sub-10
paragraph: 11
‘‘(C) does not include an orally adminis-12
tered drug— 13
‘‘(i) for which a new drug application 14
was approved under section 505 of the 15
Federal Food, Drug, and Cosmetic Act; 16
and 17
‘‘(ii) that has been granted a narrow 18
exception permitting reclassification as a 19
noninnovator multiple source drug under 20
the Medicaid drug rebate program by the 21
Centers for Medicare & Medicaid Serv-22
ices.’’. 23
Æ
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