II 115th CONGRESS 1st Session S. 1304 IN THE SENATE OF THE UNITED STATES June 7, 2017 Mr. Roberts (for himself, Ms. Stabenow , Mr. Brown , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Finance 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.