PolicyBrief
H.R. 1492
119th CongressFeb 21st 2025
To amend title XI of the Social Security Act to equalize the negotiation period between small-molecule and biologic candidates under the Drug Price Negotiation Program.
IN COMMITTEE

This bill equalizes the negotiation period for drug price negotiations under the Drug Price Negotiation Program by extending the period for small-molecule drugs from 7 years to 11 years, matching that of biologic drugs.

Gregory Murphy
R

Gregory Murphy

Representative

NC-3

LEGISLATION

Drug Price Negotiation Bill Levels the Playing Field for Small-Molecule Drugs: Negotiation Period Extended to 11 Years

This bill just evens things out in the world of drug price negotiations. Specifically, it amends Section 1192(e)(1)(A)(ii) of the Social Security Act. What's that mean in plain English? It makes sure that small-molecule drugs—think common pills like Lipitor or Zoloft—get the same negotiation timeline as biologics (complex, often injectable drugs like Humira or Enbrel) under the Drug Price Negotiation Program.

Leveling the Scales

The core change here is pretty straightforward: The negotiation period for small-molecule drugs jumps from 7 years to 11 years. This matches the timeframe already in place for biologics. So, instead of the government being able to negotiate prices for a small-molecule drug after it's been on the market for 7 years, they now have to wait 11 years, the same as biologics. This change is retroactive, meaning it's as if this rule was in place when Public Law 117-169 (the Inflation Reduction Act, which established the Drug Price Negotiation Program) was originally passed.

Real-World Ripple Effects

Let's break down what this could mean for regular folks. Imagine you're a pharmacist running a small independent pharmacy. You've seen how the prices of certain drugs can skyrocket after a few years. This change might mean those price hikes on common, small-molecule drugs could be delayed, since the government won't be stepping in to negotiate as quickly. For patients, this could mean more predictability in pricing for a longer period for some medications, but it also means a longer wait before potential government-negotiated price reductions kick in.

For example, if a new, widely-used small-molecule drug for, say, high cholesterol hits the market, the manufacturer now has 11 years before the government can negotiate its price, instead of the previous 7. This could be a good or bad thing depending on how the manufacturer prices the drug during that time.

The Big Picture

This is all about balancing the scales. By extending the negotiation period, the bill aims to put small-molecule drugs on a level playing field with biologics in the Drug Price Negotiation Program. It's worth noting that this is a technical change, but technical changes can have real-world effects on drug availability and cost, affecting everyone from patients to healthcare providers.

One challenge to watch for: Pharmaceutical companies could potentially use this extended period to keep prices higher for longer before negotiations begin. It will be crucial to see how this plays out in practice.