Conrad

On 1/20/2024 at 7:14 PM, DonVinachelli said:

Point of Inquiry, Mr. President.

 

I believe Senator Zharkoff registered a Nay vote within the voting window.

 

I yield.

The point of inquiry is well taken. The clerk will be directed to report the vote as.

Nay

On 1/19/2024 at 6:00 AM, Dak said:

Mr. President,

 

I second the motion of cloture by my friend from Alabama following the vote on Senator Vinachelli’s amendments.

 

I yield the floor.

The motion for cloture is recognised. 

The question is on the motion for cloture. The clerk will call the roll.

Aye

The question is on the motion for cloture. The clerk will call the roll.

38 minutes ago, Storm said:

Mr.President,

 

I second.

 

I yield

The motion for cloture is recognised. 

Kamaka I is adopted. The bill has been updated to reflect all amendments

17 minutes ago, Starnes said:

 

A point of inquiry Mr. President, I do not believe that it is solely incumbent upon the sponsor of the bill or amendment to make such a decision. It would be no different than requesting a voice or tally vote.

The amendment has been withdrawn.

Kamaka II is adopted. The bill has been updated to reflect passage of both I & II.

The amendment is adopted

Kamaka I is adopted. 

The amendment is adopted. 

Fealty I through V are adopted. 

Kamaka I is not adopted.

Kamaka II is adopted.

Kamaka III is adopted.

The bill text has been updated to reflect passage of the amendments.

The amendment is adopted. 

The amendment is adopted. 

The amendment has failed. 

The amendment is adopted

The amendment is adopted

The amendment is adopted.

The amendment is adopted.

The amendment is adopted. 

*bangs gavel*

The Senate will come to order to vote on the final passage S.94 Prescription Pricing for the People Act of 2025 as amended. This will be a 48 hour vote. The yeas and nays have been ordered and the clerk will call the roll. 

Quote

 

IN THE SENATE OF THE UNITED STATES

 

Mr. Storm of Ohio for himself, and with thanks to Mr. Grassley of Iowa, introduces the following bill

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Prescription Pricing for the People Act of 2023”.

SEC. 2. DEFINITIONS.

In this Act:

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate committees of Congress” means—

(A) the Committee on the Judiciary of the Senate; and

(B) the Committee on the Judiciary of the House of Representatives.

(2) COMMISSION.—The term “Commission” means the Federal Trade Commission.

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SEC. 3. STUDY OF PHARMACEUTICAL SUPPLY CHAIN INTERMEDIARIES AND MERGER ACTIVITY.

 

(a) Report.—Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report that—

(1) addresses at minimum—

(A) whether pharmacy benefit managers—

(i) charge payers a higher price than the reimbursement rate at which the pharmacy benefit managers reimburse pharmacies owned by the pharmacy benefit manager and pharmacies not owned by the pharmacy benefit manager;

(ii) steer patients for competitive advantage to any pharmacy, including a retail, mail-order, or any other type of pharmacy, in which the pharmacy benefit managers have an ownership interest;

(iii) audit or review proprietary data, including acquisition costs, patient information, or dispensing information, of pharmacies not owned by the pharmacy benefit manager and use such proprietary data to increase revenue or market share for competitive advantage; or

(iv) use formulary designs to increase the market share of higher cost prescription drugs or depress the market share of lower cost prescription drugs (each net of rebates and discounts);

(B) trends or observations on the state of competition in the healthcare supply chain, particularly with regard to intermediaries and their integration with other intermediaries, suppliers, or payers of prescription drug benefits;

(C) how companies and payers assess the benefits, costs, and risks of contracting with intermediaries, including pharmacy services administrative organizations, and whether more information about the roles of intermediaries should be available to consumers and payers;

(D) whether there are any specific legal or regulatory obstacles the Commission currently faces in enforcing the antitrust and consumer protection laws in the pharmaceutical supply chain, including the pharmacy benefit manager marketplace and pharmacy services administrative organizations; and

(E) whether there are any specific legal or regulatory obstacles that contribute to the cost of prescription drug prices; and

(2) provides—

(A) observations or conclusions drawn from the November 2017 roundtable entitled “Understanding Competition in Prescription Drug Markets: Entry and Supply Chain Dynamics” and any similar efforts;

(B) specific actions the Commission intends to take as a result of the November 2017 roundtable, and any similar efforts, including a detailed description of relevant forthcoming actions, additional research or roundtable discussions, consumer education efforts, or enforcement actions; and

(C) policy or legislative recommendations to—

(i) improve transparency and competition in the pharmaceutical supply chain;

(ii) prevent and deter anticompetitive behavior in the pharmaceutical supply chain; and

(iii) best ensure that consumers benefit from any cost savings or efficiencies that may result from mergers and consolidations.

(b) Interim Report.—Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress an interim report on the progress of the report required by subsection (a), along with preliminary findings and conclusions based on information collected to that date.

SEC. 4. REPORT.

The Commission shall submit to the appropriate committees of Congress a report that includes—

(1) the number and nature of complaints received by the Commission relating to an allegation of anticompetitive conduct by a manufacturer of a sole-source drug;

(2) the ability of the Commission to bring an enforcement action against a manufacturer of a sole-source drug; and

(3) policy or legislative recommendations to strengthen enforcement actions relating to anticompetitive behavior.

 

 

Plain English Summary:
This bill requires the Federal Trade Commission (FTC) to report about anticompetitive practices and other trends within the pharmaceutical supply chain that may impact the cost of prescription drugs. The FTC also must provide recommendations to increase transparency in the supply chain and prevent anticompetitive practices.