October 9, 2026
Mr. Bresnahan (for himself, Mrs. Dingell, Mr. Mann, and Ms. Lois Frankel of Florida) introduced the following bill; which was referred to the Committee on Energy and Commerce
To amend title III of the Public Health Service Act to temporarily limit the use of rebates under the 340B Program.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the 340B Rebate Model Delay Act
.
Sec. 2. Limiting use of rebates under the 340B Program
(a) In general
Section 340B(a) of the Public Health Service Act (42 U.S.C. 256b(a)) is amended by adding at the end the following new paragraph:
(11) Temporary limit on use of rebates
For the period beginning on January 1, 2027, the date of enactment of this paragraph, and ending on December 31, 2028, the Secretary may not enter into an agreement with a manufacturer of covered outpatient drugs under paragraph (1) under which the amount required to be paid to the manufacturer for covered outpatient drugs by a covered entity (other than a covered entity described in paragraph (4)(E)) exceeds, at the point of purchase of such drug, the applicable ceiling price for such drug (as described in paragraph (1)).
(b) Delaying implementation of 340B Rebate Model Pilot Program
For the period beginning on January 1, 2027, the date of enactment of this section, and ending on December 31, 2028, the Secretary of Health and Human Services may not implement the 340B Rebate Model Pilot Program described in the notice titled Notice Regarding 340B Rebate Model Pilot Program
(91 Fed. Reg. 48883 (August 3, 2026)), or any substantially similar program.