March 6, 2025
Mr. Garbarino (for himself, Mrs. Harshbarger, and Mr. Suozzi) introduced 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
To amend title XVIII of the Social Security Act to exempt certain drugs from the part D manufacturer discount program under the Medicare program.
Section 1. Short title
This Act may be cited as the Ensuring Access to Essential Drugs Act
.
Sec. 2. Exempting certain drugs from the part D manufacturer discount program under the Medicare program
Section 1860D–14C(g)(2) of the Social Security Act (42 U.S.C. 1395w–114c(g)(2)) is amended—
(1)
in subparagraph (A), by striking and
at the end;
(2)
in subparagraph (B), by striking the period and inserting ; and
; and
(3)
by adding at the end the following new subparagraph:
(C)
does not include an orally administered drug—
(i)
for which a new drug application was approved under section 505 of the Federal Food, Drug, and Cosmetic Act; and
(ii)
that has been granted a narrow exception permitting reclassification as a noninnovator multiple source drug under the Medicaid drug rebate program by the Centers for Medicare & Medicaid Services.