Ways and Means Committee, Energy and Commerce Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
This bill amends title XI of the Social Security Act to require that direct-to-consumer advertisements for prescription drugs and biological products include an appropriate disclosure of pricing information. Specifically, these advertisements must clearly and conspicuously display the Wholesale Acquisition Cost (WAC) for a 30-day supply or typical course of treatment. This measure aims to enhance price transparency and empower consumers to make more informed healthcare decisions. The requirement applies to drugs and biologicals for which payment is available under Medicare or Medicaid, with an exemption for products whose WAC is less than $35 for a 30-day supply. Advertisements may also explain that a consumer's actual out-of-pocket cost may differ based on their health insurance coverage. The Secretary of Health and Human Services is tasked with promulgating regulations by July 1, 2026, to establish requirements for the visual and audio components of these disclosures and for updating WAC changes. Manufacturers or their agents who violate this requirement may be subject to civil money penalties of up to $100,000 for each violation. Congress finds that a lack of transparency in pharmaceutical pricing hinders competition and consumer understanding, leading to increased demand for expensive drugs and potentially wasteful expenditures in federal programs like Medicare.
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.
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.
This bill amends title XI of the Social Security Act to require that direct-to-consumer advertisements for prescription drugs and biological products include an appropriate disclosure of pricing information. Specifically, these advertisements must clearly and conspicuously display the Wholesale Acquisition Cost (WAC) for a 30-day supply or typical course of treatment. This measure aims to enhance price transparency and empower consumers to make more informed healthcare decisions. The requirement applies to drugs and biologicals for which payment is available under Medicare or Medicaid, with an exemption for products whose WAC is less than $35 for a 30-day supply. Advertisements may also explain that a consumer's actual out-of-pocket cost may differ based on their health insurance coverage. The Secretary of Health and Human Services is tasked with promulgating regulations by July 1, 2026, to establish requirements for the visual and audio components of these disclosures and for updating WAC changes. Manufacturers or their agents who violate this requirement may be subject to civil money penalties of up to $100,000 for each violation. Congress finds that a lack of transparency in pharmaceutical pricing hinders competition and consumer understanding, leading to increased demand for expensive drugs and potentially wasteful expenditures in federal programs like Medicare.
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.
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.