This bill expands Medicare drug price negotiation to private insurance, applies inflation rebates to commercial drugs, and establishes annual out-of-pocket limits for prescription drugs under private health insurance.
Frank Pallone
Representative
NJ-6
The Lowering Drug Costs for American Families Act aims to significantly reduce prescription drug expenses for consumers. It expands the federal drug price negotiation program to cover more drugs and extends negotiated prices to most private health insurance plans. Furthermore, the bill applies inflation rebates to the commercial market and establishes new annual out-of-pocket spending caps for prescription drugs under private insurance starting in 2027. It also sets specific, lower cost-sharing requirements for covered insulin products.
The “Lowering Drug Costs for American Families Act” is trying to tackle the pharmacy bill shock we all know too well. This bill attacks high prescription costs on three fronts: expanding federal price negotiation, applying inflation penalties to the commercial market, and, most importantly for your wallet, setting hard limits on how much you can spend on drugs each year.
Starting in 2027, this bill mandates a new annual out-of-pocket maximum specifically for prescription drugs under private health insurance (Title III, Sec. 301). For self-only coverage, that cap starts at $2,000 per year. If you have family coverage, the limit is twice that amount. This is a massive change for anyone managing a chronic condition like rheumatoid arthritis, multiple sclerosis, or cancer, where a single specialty drug can cost thousands of dollars before you hit your regular deductible. Once you spend $2,000 on copays, coinsurance, and deductibles for covered drugs, the plan must pick up the rest of the tab for the year. This limit will adjust upward slightly each year based on the premium adjustment percentage.
Also starting in 2027, the bill creates a specific, immediate cost relief for people with diabetes (Title III, Sec. 302). For selected insulin products, plans cannot apply a deductible. Even better, your cost-sharing for a 30-day supply cannot exceed the lesser of $35 or 25% of the negotiated price. This means if you’re on a high-deductible plan, you get the $35 cap immediately, even if you haven't touched your $5,000 deductible. Any money you spend on this capped insulin must count toward your overall annual out-of-pocket maximums, ensuring you’re not penalized for needing this essential medication. The catch? Plans only have to cover at least one of each type and dosage form of insulin, so they get to pick the specific brand they offer at the capped price.
If you’re not on Medicare, you might soon benefit from Medicare’s negotiating power. Title I expands the number of drugs the federal government selects for price negotiation from 20 to 50 annually. Crucially, it extends the resulting “maximum fair price” to most private health insurance plans. The bill states that if a private plan covers a negotiated drug, it is automatically treated as having agreed to apply that lower negotiated price to its enrollees (Title I, Sec. 101). A plan can opt out of this agreement, but if they do, the Secretary of Health and Human Services must publish a public list of the plans that chose not to participate. When a plan does participate, it must calculate your copays and coinsurance based on the lower negotiated price, not the drug’s original list price.
Title II takes the existing Medicare drug inflation rebate program and applies it to the commercial market. Currently, drug manufacturers must pay a rebate to Medicare if they raise the price of a drug faster than the rate of inflation. This bill extends that same penalty to drugs sold in the private market (Title II, Sec. 201). This means if a manufacturer hikes the price of a drug above the inflation rate, they will owe a rebate based on the volume of that drug sold to commercially insured people. This aims to put the brakes on aggressive, above-inflation price increases, which is good news for everyone who pays premiums, as it could stabilize overall drug costs for insurers and employers.