I 116th CONGRESS 1st Session H. R. 3276 IN THE HOUSE OF REPRESENTATIVES June 13, 2019 Mr. Kennedy (for himself, Mr. O'Halleran , Mr. Kinzinger , and Mr. Smith of Missouri ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to exclude authorized generic drugs from calculation of the average manufacturer price for purposes of the Medicaid drug rebate program, and for other purposes.

1. Short title This Act may be cited as the Fair and Accurate Medicaid Pricing Act of 2019 or the Fair AMP Act . 2. Excluding authorized generic drugs from calculation of average manufacturer price under the Medicaid drug rebate program; excluding manufacturers from definition of wholesaler (a) In general Subparagraph (C) of section 1927(k)(1) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(1) ) is amended— (1) in the subparagraph heading, by striking Inclusion and inserting Exclusion ; (2) by striking a new drug application and inserting the manufacturer's new drug application ; and (3) by striking inclusive and inserting exclusive . (b) Excluding manufacturers from definition of wholesaler Section 1927(k)(11) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(11) ) is amended— (1) by striking manufacturers, ; and (2) by striking manufacturer's and . (c) Effective date The amendments made by this section shall take effect on the first day of the first fiscal quarter that begins after the date of enactment of this Act.