Bipartisan Draft Bill to Cut Health Costs

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The Lower Health Care Costs Act of 2019, bipartisan legislation released for comment by the Senate HELP Committee, includes more than 30 specific provisions, including some affecting FDA, to reduce the costs Americans pay for health care. Last year, the committee asked the American Enterprise Institute, Brookings Institution, governors, state insurance commissioners, doctors, hospitals, patients, and innovators for their recommendations about what Congress could do to help lower health care costs. The legislation is based on the responses received, according to a committee news release, and is to be marked up by the end of June.

Title II of the discussion draft addresses drug costs and calls for: 

  •          eliminating a loophole where the first generic drug to submit an application to FDA can block other generic drugs from being approved;
  •          preventing abuse of the FDA citizen petition process to unnecessarily delay drug approvals;
  •          ensuring that makers of branded drugs, including insulin, don’t game the system to prevent new, lower-cost generics or biosimilars from coming to market;
  •          helping bring biosimilar drugs to market faster to ensure patients can better afford promising biologic medicines;
  •          educating healthcare providers and patients on biological products and biosimilars; and
  •          helping generic drug and biosimilar companies speed drug development and avoid patent infringement through transparent, modernized, and searchable patent databases.

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