Elijah E. Cummings Lower Drug Costs Now Act
  • Last major action
    Referred to the Subcommittee on Oversight and Investigations.
  • Introduced
To establish a fair price negotiation program, protect the Medicare program from excessive price increases, and establish an out-of-pocket maximum for Medicare part D enrollees, and for other purposes.
Elijah E. Cummings Lower Drug Costs Now Act This bill establishes several programs and requirements relating to the prices of prescription drugs. In particular, the bill requires the Department of Health and Human Services (HHS) to negotiate prices for certain drugs (current law prohibits HHS from doing so). Specifically, HHS must negotiate maximum prices for single-source, brand-name drugs that lack certain generics and that are among either the 125 drugs that account for the greatest national spending or the 125 drugs that account for the greatest Medicare spending. HHS must negotiate the prices of at least 25 such drugs for 2024 and of at least 50 such drugs thereafter and must also negotiate prices for certain newly approved drugs and for insulin products. The negotiated prices must be offered under Medicare and may also be offered under private health insurance unless the insurer opts out. The negotiated maximum price may not exceed (1) 120% of the average price in Australia, Canada, France, Germany, Japan, and the United Kingdom; or (2) if such information is not available, 85% of the U.S. average manufacturer price. Drug manufacturers that fail to comply with the bill's negotiation requirements are subject to civil and tax penalties. The bill also makes a series of additional changes to Medicare prescription drug coverage and pricing, including by (1) requiring drug manufacturers to issue rebates to the Centers for Medicare & Medicaid Services for covered drugs that cost $100 or more and for which the average manufacturer price increases faster than inflation; and (2) reducing the annual out-of-pocket spending threshold, and eliminating beneficiary cost-sharing above this threshold, under the Medicare prescription drug benefit. The bill also requires drug manufacturers to report specified information for certain high-cost drugs, and it provides funds for opioid epidemic initiatives and biomedical research.


If @DeptVetAffairs can negotiate drug prices & the federal government can negotiate the price of a lifesaving vaccine, Medicare should be allowed to negotiate fair drug prices for ALL Americans – regardless of where they get their insurance from. We need #HR3 in #BuildBackBetter.


Every day we don't pass the Elijah E. Cummings Lower Drug Costs Now Act, we risk people dying from treatable diseases just because of the cost of their medication.

We need to pass #HR3 because no one should have to choose between their life-saving medication and their rent.


Big Pharma's price gouging hurts every patient and every taxpayer in this country. It's no wonder why both President Trump and President Biden campaigned on letting Medicare negotiate drug prices. The American people want and need #HR3.


#HR3 would make the lower drug prices negotiated by Medicare available to Americans with private insurance – including people who get their health coverage through their jobs.

No one should have to choose between paying rent & refilling their medication.


We need to lower drug prices & stop ripping people off.

But for too long, Big Pharma has held prescription drug prices hostage at the expense of patients’ lives--including many in the #MA7.
We Need #HR3 in the Build Back Better Act.