,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #dfbi  ,,in ,,the ,,house ,,of  
,,representatives  ,october #h1         
#bjai,mr4 ,tonko 7for himself and ,mr4  
,gibbs7 introduced the following bill2  
which was referred to the ,committee on 
,energy and ,commerce1 and in addition  
to the ,committee on ,ways and ,means1  
for a period to be subsequently         
determined by the ,speaker1 in each case
 for consideration of such provisions as
 fall within the jurisdiction of the    
committee concerned  ,a ,,bill  ,to     
amend title ,,xviii of the ,social      
,security ,act to require the ,secretary
 of ,health and ,human ,services to add 
a new set of measures to the #e-star    
rating system under the ,medicare       
,advantage program in order to encourage
 increased access to biosimilar         
biological products4  #a4 ,short title  
,this ,act may be cited as the ,star    
,rating for ,biosimilars ,act4  #b4     
,addition of new measures based on      
access to biosimilar biological products

 to the #e-star rating system under     
medicare advantage  7a7 ,in general     
,section #ahec7o77#d7 of the ,social    
,security ,act 7#db ,u4,s4,c4           
#aciew-#bc7o77#d77 is amended by adding 
at the end the following new            
subparagraph3  7,e7 ,addition of new    
measures based on access to biosimilar  
biological products  7i7 ,in general    
,for #bjba and subsequent years1 the    
,secretary shall add a new set of       
measures to the #e-star rating system   
based on access to biosimilar biological
 products covered under part ,b and1 in 
the case of ,,ma-,,pd plans1 such       
products that are covered part ,d drugs4
 ,such measures shall assess the impact 
a plan's benefit structure may have on  
enrollees' utilization of or ability to 
access biosimilar biological products1  
including in comparison to the reference
 biological product1 and shall include  
measures1 as applicable1 with respect to
 the following3  7,i7 ,coverage         
,assessing whether a biosimilar         

biological product is on the plan       
formulary in lieu of or in addition to  
the reference biological product4       
7,,ii7 ,preferencing ,assessing tier    
placement or cost sharing for a         
biosimilar biological product relative  
to the reference biological product4    
7,,iii7 ,utilization management tools   
,assessing whether and how utilization  
management tools are used with respect  
to a biosimilar biological product      
relative to the reference biological    
product4  7,,iv7 ,utilization ,assessing
 the percentage of enrollees prescribed 
the biosimilar biological product when  
the reference biological product is also
 available4  7ii7 ,definitions ,in this 
subparagraph1 the terms biosimilar      
biological product and reference        
biological product have the meaning     
given those terms in section            
#ahdg;,a7c77#f74  7iii7 ,protecting     
patient interests ,in developing such   
measures1 the ,secretary shall ensure   
that each measure developed to address  

coverage1 preferencing1 or utilization  
management is constructed such that     
patients retain equal access to         
appropriate therapeutic options without 
undue administrative burden4  4  7b7    
,clarification regarding application to 
prescription drug plans ,to the extent  
the ,secretary of ,health and ,human    
,services applies the #e-star rating    
system under section #ahec7o77#d7 of the
 ,social ,security ,act 7#db ,u4,s4,c4  
#aciew-#bc7o77#d771 or a similar system1
 to prescription drug plans under part  
,d of title ,,xviii of such ,act1 the   
provisions of subparagraph 7,e7 of such 
section1 as added by subsection 7a7 of  
this section1 shall apply under the     
system with respect to such plans in the
 same manner as such provisions apply to
 the #e-star rating system under such   
section #ahec7o77#d74