II 119THCONGRESS 1 STSESSION S. 529 To limit cost-sharing for prescription drugs, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY11, 2025 Mr. W ARNOCK(for himself, Ms. BALDWIN, Mr. BOOKER, Mr. BLUMENTHAL, Mr. F ETTERMAN, Mrs. GILLIBRAND, Mr. HEINRICH, Mr. KIM, Ms. KLO- BUCHAR, Mrs. MURRAY, and Mr. WELCH) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions A BILL To limit cost-sharing for prescription drugs, and for other purposes. 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 ‘‘Capping Prescription 4 Costs Act of 2025’’. 5 SEC. 2. CAP ON PRESCRIPTION DRUG COST-SHARING. 6 (a) Q UALIFIEDHEALTHPLANS.—Section 1302(c) of 7 the Patient Protection and Affordable Care Act (42 8 U.S.C. 18022(c)) is amended— 9 VerDate Sep 11 2014 06:15 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S529.IS S529 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 529 IS (1) in paragraph (3)(A)(i), by inserting ‘‘, in-1 cluding cost-sharing with respect to prescription 2 drugs covered by the plan’’ after ‘‘charges’’; and 3 (2) by adding at the end the following: 4 ‘‘(5) P RESCRIPTION DRUG COST -SHARING.— 5 ‘‘(A) 2026.—For plan years beginning in 6 2026, the cost-sharing incurred under a health 7 plan with respect to prescription drugs covered 8 by the plan shall not exceed $2,000 per year for 9 each enrolled individual, or $4,000 per year for 10 each family. 11 ‘‘(B) 2027 AND LATER.— 12 ‘‘(i) I N GENERAL.—In the case of any 13 plan year beginning in a calendar year 14 after 2026, the limitation under this para-15 graph shall be equal to the applicable dol-16 lar amount under subparagraph (A) for 17 plan years beginning in 2026, increased by 18 an amount equal to the product of that 19 amount and the medical care component of 20 the consumer price index for all urban con-21 sumers (as published by the Bureau of 22 Labor Statistics) for that year. 23 ‘‘(ii) A DJUSTMENT TO AMOUNT .—If 24 the amount of any increase under clause 25 VerDate Sep 11 2014 06:15 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S529.IS S529 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 529 IS (i) is not a multiple of $5, such increase 1 shall be rounded to the next lowest mul-2 tiple of $5.’’. 3 (b) G ROUPHEALTHPLANS.— 4 (1) P UBLIC HEALTH SERVICE ACT .—Part D of 5 title XXVII of the Public Health Service Act (42 6 U.S.C. 300gg–111 et seq.) is amended by inserting 7 after section 2799A–5 (42 U.S.C. 300gg–115) the 8 following: 9 ‘‘SEC. 2799A–6. CAP ON PRESCRIPTION DRUG COST-SHAR-10 ING FOR GROUP HEALTH PLANS. 11 ‘‘A group health plan and health insurance issuer of-12 fering group health insurance coverage shall ensure that 13 any cost-sharing imposed under the plan or coverage with 14 respect to prescription drugs covered by the plan or cov-15 erage does not exceed the limitations provided for under 16 paragraph (5) of section 1302(c) of the Patient Protection 17 and Affordable Care Act.’’. 18 (2) E MPLOYEE RETIREMENT INCOME SECURITY 19 ACT.— 20 (A) I N GENERAL.—Subpart B of part 7 of 21 subtitle B of title I of the Employee Retirement 22 Income Security Act (29 U.S.C. 1185 et seq.) 23 is amended by inserting after section 720 (29 24 U.S.C. 1185i) the following: 25 VerDate Sep 11 2014 06:15 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S529.IS S529 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 529 IS ‘‘SEC. 721. CAP ON PRESCRIPTION DRUG COST-SHARING. 1 ‘‘A group health plan and health insurance issuer of-2 fering group health insurance coverage shall ensure that 3 any cost-sharing imposed under the plan or coverage with 4 respect to prescription drugs covered by the plan or cov-5 erage does not exceed the limitations provided for under 6 paragraph (5) of section 1302(c) of the Patient Protection 7 and Affordable Care Act.’’. 8 (B) C LERICAL AMENDMENT .—The table of 9 contents in section 1 of the Employee Retire-10 ment Income Security Act of 1974 (29 U.S.C. 11 1001 note) is amended by inserting after the 12 item relating to section 720 the following: 13 ‘‘Sec. 721. Cap on prescription drug cost-sharing’’. (3) INTERNAL REVENUE CODE OF 1986 .— 14 (A) I N GENERAL.—Subchapter B of chap-15 ter 100 of the Internal Revenue Code of 1986 16 is amended by inserting after section 9820 the 17 following: 18 ‘‘SEC. 9821. CAP ON PRESCRIPTION DRUG COST-SHARING. 19 ‘‘A group health plan shall ensure that any cost-shar-20 ing imposed under the plan with respect to prescription 21 drugs covered by the plan does not exceed the limitations 22 provided for under paragraph (5) of section 1302(c) of 23 the Patient Protection and Affordable Care Act.’’. 24 VerDate Sep 11 2014 06:15 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S529.IS S529 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 529 IS (B) CLERICAL AMENDMENT .—The table of 1 sections for subchapter B of chapter 100 of the 2 Internal Revenue Code of 1986 is amended by 3 inserting after the item relating to section 9820 4 the following: 5 ‘‘Sec. 9821. Cap on prescription drug cost-sharing’’. (c) EFFECTIVEDATE.—The amendments made by 6 subsections (a) and (b) shall take effect with respect to 7 plan years beginning on or after January 1, 2026. 8 Æ VerDate Sep 11 2014 06:15 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S529.IS S529 kjohnson on DSK7ZCZBW3PROD with $$_JOB