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II
117th CONGRESS
1st Session
S. 3339
IN THE SENATE OF THE UNITED STATES
December 8, 2021Mr. Warnock (for himself, Ms. Klobuchar, Mr. Menendez, Ms. Baldwin, Mr. Reed, Mrs. Murray, Ms. Smith, Mr. Heinrich, Mr. Blumenthal, Ms. Hirono, and Mr. Van Hollen) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To limit cost sharing for prescription drugs, and for other purposes.
1.
Short title
This Act may be cited as the Capping Prescription Costs Act of 2021.
2.
Cap on prescription drug cost-sharing
(a)
Qualified health plans
Section 1302(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(c)) is amended—
(1) in paragraph (3)(A)(i), by inserting , including cost-sharing with respect to prescription drugs covered by the plan after charges; and
(2) by adding at the end the following:
(5)
Prescription drug cost-sharing
(A)
2023
For plan years beginning in 2023, the cost-sharing incurred under a health plan with respect to prescription drugs covered by the plan shall not exceed $250 per month for each enrolled individual, or $500 for each family.
(B)
2024 and later
(i)
In general
In the case of any plan year beginning in a calendar year after 2023, the limitation under this paragraph shall be equal to the applicable dollar amount under subparagraph (A) for plan years beginning in 2023, increased by an amount equal to the product of that amount and the medical care component of the consumer price index for all urban consumers (as published by the Bureau of Labor Statistics) for that year.
(ii)
Adjustment to amount
If the amount of any increase under clause (i) is not a multiple of $5, such increase shall be rounded to the next lowest multiple of $5.
.
(b)
Group health plans
Section 2707(b) of the Public Health Service Act (42 U.S.C. 300gg–6(b)) is amended—
(1) by striking annual; and
(2) by striking paragraph (1) of section 1302(c) and inserting paragraphs (1) and (5) of section 1302(c) of the Patient Protection and Affordable Care Act.
(c)
Effective date
The amendments made by subsections (a) and (b) shall take effect with respect to plans beginning after December 31, 2022.