PolicyBrief
S. 832
119th CongressMar 4th 2025
Ensuring Pathways to Innovative Cures Act of 2025
IN COMMITTEE

The "Ensuring Pathways to Innovative Cures Act of 2025" adjusts the negotiation timeline for drug prices under the Drug Price Negotiation Program, requiring a minimum of 7 to 11 years post-approval before negotiation can begin, depending on the year.

Thom Tillis
R

Thom Tillis

Senator

NC

LEGISLATION

EPIC Act of 2025: Drug Price Negotiation Timeline Shifts, Favoring Biologics

The "Ensuring Pathways to Innovative Cures Act of 2025," or EPIC Act, tweaks the rules for when the government can start negotiating drug prices under the existing Drug Price Negotiation Program. The core change? It sets different timelines for "small-molecule" drugs versus "biologic" drugs. Think of it like this: small-molecule drugs are typically your traditional pills (like ibuprofen), made from chemical compounds, while biologics are more complex, often derived from living cells (like many vaccines or insulin).

New Timelines on the Table

This bill changes how long the government has to wait after a drug is approved before it can start negotiating its price. Here's the breakdown:

  • For 2026 and 2027: The waiting period remains at least 7 years after the drug's approval (Section 2(a)(1)(A)).
  • For 2028 and onwards: The waiting period extends to at least 11 years after approval (Section 2(a)(1)(B)).

Real-World Ripple Effects

So, what does this mean for your average Joe or Jane? Let's say you're a small business owner who relies on a specific medication to manage a chronic condition. If that medication is a small-molecule drug, this bill could mean you'll be paying the initial, potentially higher price for a longer period – 11 years instead of 7, starting in 2028. This is because the negotiation that could lower the price gets pushed back.

On the flip side, if you're someone who benefits from a newer biologic drug, this bill might not directly affect you as much. The extended timeline primarily targets the small-molecule drugs. The bill's adjustment to the timeline aims to balance lowering drug costs with keeping the drug development pipeline flowing, especially for those complex biologic treatments.

The Innovation Equation

This change is all about how long drug companies have exclusive pricing power. The idea behind the original Drug Price Negotiation Program was to bring down costs for some of the most expensive medications. This bill, however, essentially gives small-molecule drugs a longer period of exclusivity before the government can step in. This could be a win for pharmaceutical companies that invest heavily in small-molecule drug research, giving them more time to recoup their investments before facing price negotiations.

The challenge? It might also shift the focus of research and development. Companies might see more financial incentive in developing biologics, which already have a longer exclusivity period, potentially leaving small-molecule drug innovation lagging. It's a bit like deciding whether to invest in a tried-and-true method (small-molecule) versus a newer, potentially more lucrative one (biologics) – the longer runway for profits could tilt the scales.