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Strengthening Medicare and Reducing Taxpayer Prices Act

S. 1264 · 118th Congress · Apr 25, 2023 · Lineage

A BILL

To amend title XVIII of the Social Security Act to strengthen the drug pricing reforms in the Inflation Reduction Act.

Section 1 Short title

This Act may be cited as the “Strengthening Medicare and Reducing Taxpayer Prices Act” or the “SMART Prices Act”.

Sec. 2 Repeal of the Medicare part D noninterference clause

Section 1860D–11 of the Social Security Act (42 U.S.C. 1395w–111) is amended by striking subsection (i).

Sec. 3 Improvements to the Medicare Drug Price Negotiation Program

(a)
Acceleration of the selection of negotiation-Eligible drugs—
(1)
In general— Section 1192(a) of the Social Security Act (42 U.S.C. 1320f–1(a)) is amended—
(A)
in paragraph (1)—
(i)
by striking “10” and inserting “20”; and
(ii)
by inserting “and” after the semicolon at the end;
(B)
by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);
(C)
in paragraph (2), as redesignated by subparagraph (B) of this paragraph—
(i)
by striking “2028, 15 negotiation-eligible drugs” and inserting “2027 or a subsequent year, 40 negotiation-eligible drugs”; and
(ii)
by striking “; and” at the end and inserting a period; and
(D)
by striking paragraph (4).
(2)
Conforming amendments— Section 1192 of the Social Security Act (42 U.S.C. 1320f–1) is amended—
(A)
in subsection (b)(2)—
(i)
in the paragraph heading, by striking “and 2027”; and
(ii)
by striking “and with respect to the initial price applicability year 2027”; and
(B)
in subsection (d)(1), in the matter preceding subparagraph (A), by striking “or 2027”.
(b)
Improvements to the definition of qualifying single source drug— Section 1192(e)(1) of the Social Security Act (42 U.S.C. 1320f–1(e)(1)) is amended—
(1)
in subparagraph (A)(ii), by striking “7 years” and inserting “3 years”; and
(2)
in subparagraph (B)(ii), by striking “11 years” and inserting “3 years”.
(c)
Improvement to the ceiling for maximum fair price— Section 1194(c)(3) of the Social Security Act (42 U.S.C. 1320f–3(c)(3)) is amended—
(1)
in subparagraph (A), by striking “75 percent” and inserting “76 percent”;
(2)
in subparagraph (B), by striking “65 percent” and inserting “55 percent”; and
(3)
in subparagraph (C), by striking “40 percent” and inserting “30 percent”.