Life-Sustaining Prescription Drug Price Relief Act of 2019
This bill establishes a series of oversight and disclosure requirements relating to the prices of life-sustaining prescription drugs. Specifically, the bill requires the Department of Health and Human Services (HHS) to review at least annually all life-sustaining drugs for excessive pricing; HHS must also review prices upon petition. HHS must create a public database with its determinations for each drug and report its overall findings and related activities.
Under the bill, a price is considered excessive if the domestic average manufacturing price exceeds 110% of the average price for the drug in Canada, the United Kingdom, Germany, France, and Japan. If a price does not meet this criteria, or if pricing information is unavailable in at least three of the aforementioned countries, the price is still considered excessive if it is higher than reasonable in light of specified factors, including cost, revenue, and the size of the affected patient population.
The bill also requires drug manufacturers, subject to civil penalties, to (1) report specified financial information for life-sustaining drugs, including research and advertising expenditures; and (2) negotiate the prices of excessively priced life-sustaining drugs under the Medicare prescription drug benefit with HHS.
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