Community Health Center Drug Pricing Protection Act

119 HR 7391 IH: Community Health Center Drug Pricing Protection Act U.S. House of Representatives 2026-02-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I 119th CONGRESS 2d Session H. R. 7391 IN THE HOUSE OF REPRESENTATIVES February 5, 2026 Mr. Bergman (for himself, Mr. Auchincloss , Mr. Moulton , Mr. Lynch , Mr. Smucker , Ms. Lois Frankel of Florida , Ms. Norton , Mr. Mann , Mr. Mrvan , Ms. Balint , Ms. Davids of Kansas , Ms. Maloy , Mr. Bresnahan , Mr. Cleaver , Ms. Ansari , Mr. Huizenga , Ms. McBride , Ms. Titus , Ms. Tlaib , Mr. Neguse , Mr. Crank , Ms. Lee of Nevada , Mr. Lucas , Mr. Larsen of Washington , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title III of the Public Health Service Act to ensure that Federally-qualified health centers are not required to pay more than the 340B ceiling price for covered outpatient drugs at the time of purchase. 1. Short title This Act may be cited as the Community Health Center Drug Pricing Protection Act . 2. Ensuring upfront 340B discounted pricing for Federally-qualified health centers (a) In general Section 340B(a) of the Public Health Service Act ( 42 U.S.C. 256b(a) ) is amended by adding at the end the following new paragraph: (11) Upfront discounted pricing for Federally-qualified health centers The Secretary may not enter into an agreement with a manufacturer of covered outpatient drugs under paragraph (1) under which the amount required to be paid to the manufacturer for covered outpatient drugs by a covered entity described in paragraph (4)(A) exceeds, at the point of purchase of such drug, the applicable ceiling price for such drug (as described in paragraph (1)). . (b) Rule of construction Nothing in this section, or the amendment made by this section, shall be construed to permit under paragraph (1) of section 340B(a) of the Public Health Service Act ( 42 U.S.C. 256b(a) ) any arrangement under which a covered entity described in paragraph (4)(A) of such section pays to the manufacturer of a covered outpatient drug an amount in excess of the applicable ceiling price for such drug (as described in such paragraph (1)) at the time of purchase, with later reconciliation by rebate, reimbursement, or other payment. (c) Effective dates (1) In general The amendments made by this section shall take effect on the date of the enactment of this section and shall apply to drugs purchased on or after the date of the enactment of this section. (2) Application to existing agreements Beginning on the date of the enactment of this section, the amendments made by this section shall be taken into account in determining whether an agreement with a manufacturer of covered outpatient drugs meets the requirements of section 340B(a) of the Public Health Service Act ( 42 U.S.C. 256b(a) ).