Transparency in Prescription Drug Advertising Act

Transparency in Prescription Drug Advertising Act

This bill requires that the list prices of drugs be included, as appropriate, in advertising for such drugs and directs the Department of Health and Human Services to issue department-wide guidance to that effect that is consistent with regulations issued by the Centers for Medicare & Medicaid Services (CMS) regarding drug price transparency.

On May 10, 2019, the CMS issued a final rule titled Medicare and Medicaid Programs; Regulation to Require Drug Pricing Transparency. The rule requires direct-to-consumer television advertisements for drugs and biologics covered under Medicare and Medicaid to include the list price of a 30-day supply or for a typical course of treatment, if the list price is at least $35 per month. The rule was scheduled to take effect on July 9, 2019; however, a federal court blocked the rule's implementation, citing a lack of statutory authority.