S. 1264 — Introduced in Senate

II 118th CONGRESS 1st Session S. 1264 IN THE SENATE OF THE UNITED STATES April 25, 2023Ms. Klobuchar (for herself, Mr. Welch, Mrs. Gillibrand, Mr. Heinrich, Mr. Merkley, Ms. Stabenow, Mr. Reed, Mr. Whitehouse, Mr. Blumenthal, Ms. Cortez Masto, Ms. Hassan, Mr. King, Ms. Cantwell, Mrs. Shaheen, Ms. Baldwin, Mr. Durbin, Mr. Brown, Mr. Booker, Ms. Smith, Ms. Warren, Mrs. Murray, Mr. Cardin, Mr. Markey, and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to strengthen the drug pricing reforms in the Inflation Reduction Act. 1. Short title This Act may be cited as the Strengthening Medicare and Reducing Taxpayer Prices Act or the SMART Prices Act. 2. Repeal of the Medicare part D noninterference clause Section 1860D–11 of the Social Security Act (42 U.S.C. 1395w–111) is amended by striking subsection (i). 3. Improvements to the Medicare Drug Price Negotiation Program (a) Acceleration of the selection of negotiation-Eligible drugs (1) In general Section 1192(a) of the Social Security Act (42 U.S.C. 1320f–1(a)) is amended— (A) in paragraph (1)— (i) by striking 10 and inserting 20; and (ii) by inserting and after the semicolon at the end; (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (C) in paragraph (2), as redesignated by subparagraph (B) of this paragraph— (i) by striking 2028, 15 negotiation-eligible drugs and inserting 2027 or a subsequent year, 40 negotiation-eligible drugs; and (ii) by striking ; and at the end and inserting a period; and (D) by striking paragraph (4). (2) Conforming amendments Section 1192 of the Social Security Act (42 U.S.C. 1320f–1) is amended— (A) in subsection (b)(2)— (i) in the paragraph heading, by striking and 2027; and (ii) by striking and with respect to the initial price applicability year 2027; and (B) in subsection (d)(1), in the matter preceding subparagraph (A), by striking or 2027. (b) Improvements to the definition of qualifying single source drug Section 1192(e)(1) of the Social Security Act (42 U.S.C. 1320f–1(e)(1)) is amended— (1) in subparagraph (A)(ii), by striking 7 years and inserting 3 years; and (2) in subparagraph (B)(ii), by striking 11 years and inserting 3 years. (c) Improvement to the ceiling for maximum fair price Section 1194(c)(3) of the Social Security Act (42 U.S.C. 1320f–3(c)(3)) is amended— (1) in subparagraph (A), by striking 75 percent and inserting 76 percent; (2) in subparagraph (B), by striking 65 percent and inserting 55 percent; and (3) in subparagraph (C), by striking 40 percent and inserting 30 percent.