H.R. 9040: Regulate the Price of All Drugs Act
This bill, known as the Regulate the Price of All Drugs Act, aims to establish a framework for setting fair prices for prescription drugs in the United States. Here are the key components of the bill:
Establishment of the Prescription Drug Price Regulatory Commission
The bill proposes the creation of the Prescription Drug Price Regulatory Commission, which will be responsible for determining fair prices for approved prescription drugs. The Commission will consist of 13 members, including seven appointed by the President and six from various health-related agencies. The Commission's duties include:
- Submitting recommendations for fair prices to the Secretary of Health and Human Services for approved prescription drugs.
- Revising fair prices as necessary based on certain factors such as production costs, efficacy, demand, and comparison to prices in reference countries.
Publication of Fair Prices
The Secretary of Health and Human Services will establish and publish the fair prices for each approved prescription drug annually. These prices will be applicable to individuals, pharmacies, and healthcare providers, ensuring fair access to medications.
Revisions and Temporary Price Waivers
The Secretary can revise the fair price if significant changes occur in demand or production costs. Additionally, temporary waivers may be authorized, permitting higher prices for 90 days if necessary to maintain access to drugs for eligible individuals.
Compliance and Enforcement
Manufacturers who fail to provide drugs at or below the established fair prices can face penalties. This includes a civil penalty that can amount to ten times the difference between the fair price and the price charged to patients or providers. The bill also allows states to take legal action against manufacturers for violations, and provides individuals a private right of action to seek damages for violations of the bill.
March-in Rights for Patents
The bill allows the Secretary of Health and Human Services to claim certain rights over patents if a drug is sold above its fair price or is not made available in adequate quantities.
Use of the Defense Production Act
The bill empowers the President to utilize the Defense Production Act to enhance the domestic production of drugs if necessary, ensuring that there are adequate supplies to meet demands at fair prices.
Definitions and Terms
The bill includes definitions for various terms, including "approved prescription drug," which outlines what qualifies under the law, and "fair price eligible individual," identifying who can access the prescribed pricing.
Relevant Companies
- PFE (Pfizer Inc.) - As a major pharmaceutical manufacturer, Pfizer could be affected by any changes in pricing regulations for their drugs.
- MRK (Merck & Co., Inc.) - Similar to Pfizer, Merck may need to adjust their pricing models to comply with the fair price standards set by the new commission.
- JNJ (Johnson & Johnson) - Johnson & Johnson, with a diverse portfolio of pharmaceutical products, could see substantial shifts in pricing strategies if the bill is enacted.
This is an AI-generated summary of the bill text. There may be mistakes.
Sponsors
1 sponsor
Actions
2 actions
| Date | Action |
|---|---|
| May. 26, 2026 | Introduced in House |
| May. 26, 2026 | Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Financial Services, 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. |
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