H.R. 7391

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7391 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7391

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.

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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.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Community Health Center Drug Pricing 
Protection Act''.

SEC. 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)).
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