[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7837 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7837
To amend title XI of the Social Security Act to require the Center for
Medicare and Medicaid Innovation to test a model implementing most-
favored-nation drug pricing.
_______________________________________________________________________
March 5, 2026
Mr. Meuser introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Ways and Means, 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
_______________________________________________________________________
A BILL
To amend title XI of the Social Security Act to require the Center for
Medicare and Medicaid Innovation to test a model implementing most-
favored-nation drug pricing.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Most Favored Patient Act of 2026''.
SEC. 2. REQUIRING THE CENTER FOR MEDICARE AND MEDICAID INNOVATION TO
TEST A MODEL IMPLEMENTING MOST FAVORED NATION DRUG
PRICING.
Section 1115A of the Social Security Act (42 U.S.C. 1315a) is
amended--
(1) in subsection (b)(2)(A), by inserting ``, and,
beginning January 1, 2029, shall include the Most Favored
Nations Pricing Model described in subsection (h)'' before the
period at the end; and
(2) by adding at the end the following new subsection:
``(h) Most Favored Nations Pricing Model.--
``(1) In general.--For purposes of subsection (b)(2)(A),
the Most Favored Nations Pricing Model described in this
subsection is a model under which, subject to paragraph (2),
each specified manufacturer--
``(A) provides access to the most-favored-nation
price of each covered drug of such manufacturer--
``(i) to most-favored-nation price eligible
individuals who with respect to such drug are
described in clause (i) of paragraph (5)(D) and
are dispensed such drug (and to pharmacies,
mail order services, and other dispensers, with
respect to such individuals who are dispensed
such drugs); and
``(ii) to hospitals, physicians, and other
providers of services and suppliers with
respect to most-favored-nation price eligible
individuals who with respect to such drug are
described in clause (ii) of such paragraph
furnished or administered such drug; and
``(B) reports to the Secretary, at such time and in
such manner as the Secretary shall specify, such
information as the Secretary determines necessary for
purposes of calculating the most-favored-nation price
with respect to each such covered drug.
``(2) Exception.--The Secretary may suspend the
requirements under paragraph (1) with respect to a covered drug
of a specified manufacturer until April 1, 2029, if the
Secretary reasonably believes that such manufacturer is likely
to enter into a covered agreement with the Secretary before
such date.
``(3) Duration.--The model described in paragraph (1) shall
be carried out for a period of 5 years.
``(4) Definitions.--In this subsection:
``(A) Applicable net price.--The term `applicable
net price' means, with respect to a covered drug and a
reference country in which such drug was sold during a
year, the average price paid to the manufacturer for
the drug across package sizes and package types of the
drug in such reference country during such year across
all purchasers, taking into account all manufacturer
rebates, discounts, and price concessions, and adjusted
to take into account differences in purchasing power in
such country compared to the United States in a manner
specified by the Secretary.
``(B) Appropriate congressional committees.--The
term `appropriate congressional committees' means--
``(i) the Committee on Energy and Commerce
and the Committee on Ways and Means of the
House of Representatives; and
``(ii) the Committee on Finance and the
Committee on Health, Education, Labor, and
Pensions of the Senate.
``(C) Covered agreement.--The term `covered
agreement' means an agreement between a manufacturer of
a covered drug and the Secretary that--
``(i) provides that such manufacturer--
``(I) will provide access to the
most-favored-nation price of 1 or more
covered drugs of such manufacturer in
the same manner as described in
paragraph (1)(A);
``(II) will report to the Secretary
the information described in paragraph
(1)(B) with respect to each such drug;
and
``(III) commits, to the
satisfaction of the Secretary, to
increasing manufacturing operations in
the United States; and
``(ii) is--
``(I) entered into not later than
December 31, 2028; and
``(II) reported by the Secretary to
the appropriate congressional
committees--
``(aa) not later than April
1, 2029; or
``(bb) in the case that
such agreement was entered into
before the date of the
enactment of the Most Favored
Patient Act of 2026, not later
than the date that is 30 days
after such date of enactment.
``(D) Covered drug.--The term `covered drug' means,
with respect to a year, a specified drug that was sold
in 2 or more reference countries during such year.
``(E) Manufacturer.--The term `manufacturer' has
the meaning given such term in section 1847A(c)(6)(A).
``(F) Most-favored-nation price.--The term `most-
favored-nation price' means, with respect to a covered
drug and a year, the second-lowest applicable net price
for such drug.
``(G) Most-favored-nation price eligible
individual.--The term `most-favored-nation price
eligible individual' means, with respect to a covered
drug--
``(i) in the case such drug is dispensed to
the individual at a pharmacy, by a mail order
service, or by another dispenser, an
individual--
``(I) who is eligible for medical
assistance under a State plan (or a
waiver of such plan) under title XIX if
coverage is provided under such plan
(or waiver) for such covered drug; or
``(II) who is enrolled in a
prescription drug plan under part D of
title XVIII or an MA-PD plan under part
C of such title if coverage is provided
under such plan for such covered drug;
and
``(ii) in the case such drug is furnished
or administered to the individual by a
hospital, physician, or other provider of
services or supplier, an individual who is
enrolled under part B of title XVIII, including
an individual who is enrolled in an MA plan
under part C of such title, if payment may be
made under part B for such selected drug.
``(H) Reference country.--The term `reference
country' means any of the following countries:
``(i) Canada.
``(ii) Denmark.
``(iii) France.
``(iv) Germany.
``(v) Italy.
``(vi) Japan.
``(vii) Switzerland.
``(viii) The United Kingdom.
``(I) Specified drug.--The term `specified drug'
means--
``(i) a covered outpatient drug (as defined
in section 1927(k));
``(ii) a drug or biological product for
which payment may be made under part B of title
XVIII; or
``(iii) a covered part D drug (as defined
in section 1860D-2(e)).
``(J) Specified manufacturer.--The term `specified
manufacturer' means a manufacturer of a covered drug
that does not have a covered agreement with the
Secretary.''.
<all>
Most Favored Patient Act of 2026
#7837 | HR Congress #119
Policy Area: Health
Subjects:
Last Action: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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. (3/5/2026)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text