I 115th CONGRESS 1st Session H. R. 1920 IN THE HOUSE OF REPRESENTATIVES April 5, 2017 Mr. Upton (for himself, Mr. Gene Green of Texas , Mr. Shimkus , Ms. DeGette , and Mr. Tiberi ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend part B of title XVIII of the Social Security Act to exclude customary prompt pay discounts from manufacturers to wholesalers from the average sales price for drugs and biologicals under Medicare, and for other purposes.

1. Excluding customary prompt pay discounts from manufacturers to wholesalers from the average sales price for Medicare payments for drugs and biologicals (a) In general Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w–3a(c)(3)) is amended— (1) in the first sentence, by inserting (other than customary prompt pay discounts extended to wholesalers) after prompt pay discounts ; and (2) in the second sentence, by inserting (other than customary prompt pay discounts extended to wholesalers) after other price concessions . (b) Effective date The amendments made by this section shall apply to the calculation of the average sales price for calendar quarters beginning more than 90 days after the date of the enactment of this Act.