,i  #aaith ,,congress  #b;d ,session    
,h4 ,r4 #hadc  ,,in ,,the ,,house ,,of  
,,representatives  ,march #bg1 #bjbf    
,ms4 ,matsui 7for herself1 ,mrs4        
,miller-,meeks1 and ,mr4 ,auchincloss7  
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 ,,pdp sponsors
 of a prescription drug plan under part 
,d of the ,medicare program that use a  
formulary to include certain generic    
drugs and biosimilar biological products
 on such formulary1 and for other       
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,ensuring ,access to
 ,lower-,cost ,medicines for ,seniors   
,act of #bjbf4  #b4 ,requirements for   

pdp sponsors of prescription drug plans 
under part d of the medicare program    
that use formularies ,section           
#ahfj;,d-#d7;b77#c7 of the ,social      
,security ,act 7#db ,u4,s4,c4           
#aciew-#ajd7;b77#c77 is amended by      
adding at the end the following new     
subparagraph3  7,j7  ,required inclusion
 of certain generic drugs and biosimilar
 biological products  7i7  ,in general  
,with respect to a plan year beginning  
on or after ,january #a1 #bjbg1 the     
formulary shall include in a preferred  
position relative to the reference      
drug--  7,i7 each covered generic drug  
for which the wholesale acquisition cost
 is less than the wholesale acquisition 
cost of the reference drug of such      
covered generic drug2 and  7,,ii7 at    
least two covered bio-similar biological
 products for which the wholesale       
acquisition cost is less than the       
wholesale acquisition cost of the       
reference biological product of such    
covered biosimilar biological product4  

7ii7  ,prohibition on certain lim-its on
 access  ,the ,,pdp sponsor offering the
 prescription drug plan may not impose  
limits on access to a covered generic   
drug required to be included on the     
formulary under clause 7i77,i7 or a     
covered biosimilar biological product   
required to be included on the formulary
 under clause 7i77,,ii71 including      
through utilization management          
techniques such as prior authorization1 
or step therapy1 that are more          
restrictive than any such limits imposed
 on access to the reference drug of such
 covered generic drug or reference      
biological product of such covered      
biosimilar biological product1          
respectively1 or that otherwise have the
 effect of limiting the availability to 
enrollees of such covered generic drug  
or covered biosimilar biological product
 relative to such reference drug or     
reference biological product over such  
covered generic drug or covered         
biosimilar biological product1          

respectively4  7iii7  ,definitions  ,in 
this subparagraph and subparagraph 7,j73
 7,i7 ,covered biosimilar biological    
product ,the term covered biosimilar    
biological product means a covered part 
,d drug that is a biosimilar biological 
product 7as defined in section          
#ahdg;,a7c77#f77;,h774  7,,ii7  ,covered
 generic drug  ,the term covered generic
 drug means a covered part ,d drug that 
is a drug described in section          
#ahfj;,d-#b7;e77#a77;,a7 and approved   
under section #eje7;j7 of the ,federal  
,food1 ,drug1 and ,cosmetic ,act4       
7,,iii7  ,preferred position  ,the term 
preferred position means a product is   
placed on a more favorable formulary    
tier and has lower patient out-of-pocket
 costs than the corresponding reference 
drug or reference biological product4   
7,,iv7  ,reference biological product   
,the term reference biological product  
has the meaning given such term in      
section #ahdg;,a7c77#f77;,i74  7,v7     
,reference drug  ,the term reference    

drug means1 with respect to a covered   
generic drug1 the listed drug 7as       
described in clause 7i7 of section      
#eje7;j77#b77;,a7 of the ,federal ,food1
 ,drug1 and ,cosmetic ,act7 that is     
referred to in the abbreviated          
application for such covered generic    
drug under such section4  7,,vi7        
,wholesale acquisition cost  ,the term  
wholesale acquisition cost has the      
meaning given such term in section      
#ahdg;,a7c77#f77;,b74  4