119-s2770

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2770 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2770

 To amend title XVIII of the Social Security Act to ensure appropriate 
 cost-sharing for chronic care drugs under Medicare part D.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 September 11, 2025

 Mr. Cornyn (for himself, Ms. Rosen, Mr. Tillis, and Mr. Welch) 
introduced the following bill; which was read twice and referred to the 
 Committee on Finance

_______________________________________________________________________

 A BILL

 To amend title XVIII of the Social Security Act to ensure appropriate 
 cost-sharing for chronic care drugs under Medicare part D.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Share the Savings with Seniors 
Act''.

SEC. 2. APPROPRIATE COST-SHARING FOR CHRONIC CARE DRUGS UNDER MEDICARE 
 PART D.

    (a) In General.--

Section 1860D-2 of the Social Security Act (42 
U.S.C. 1395w-102) is amended--

    (1) in subsection

    (b) --
        (A) in paragraph

    (1)
        (A) , in the matter preceding 
 clause
            (i) , by striking ``and

    (9) '' and inserting ``,

    (9) , and

    (10) '';
        (B) in paragraph

    (2)
        (A) , in the matter preceding 
 clause
            (i) , by striking ``and

    (9) '' and inserting ``,

    (9) , and

    (10) ''; and
            (C) by adding at the end the following new 
 paragraph:
 ``

    (10) Cost-sharing for chronic care drugs.--
 ``
        (A) In general.--For plan years beginning on or 
 after January 1, 2027, in the case of a chronic care 
 drug, the following shall apply:
 ``
            (i) For costs below the annual deductible 
 specified in paragraph

    (1) , cost-sharing for 
 such drug shall not exceed the net price of 
 such drug.
 ``
            (ii) Subject to subparagraph
        (B) , for 
 costs above the annual deductible specified in 
 paragraph

    (1) and below the out-of-pocket 
 threshold specified in paragraph

    (4) , any 
 coinsurance amount for such drug shall be based 
 on a percentage of the net price of such drug.
 ``
        (B) Exception.--The requirement under 
 subparagraph
        (A)
            (ii) shall not apply to a chronic care 
 drug under a prescription drug plan if the cost-sharing 
 amount for such drug under such plan is based on a 
 copayment that is not tied to a percentage of a drug 
 price (such as the negotiated price, list price, or 
 wholesale acquisition cost), a drug benchmark price 
 (such as the average wholesale price), or a drug cost.
 ``
            (C) === Definitions. ===
-In this paragraph:
 ``
            (i) Chronic care drug.--The term `chronic 
 care drug' means a covered part D drug that is 
 included under any of the following United 
 States Pharmacopeia Convention

    (USP) categories 
 and classes of drugs, as included in the most 
 recent version of the USP Medicare Model 
 Guidelines:
 ``
            (I) Blood glucose regulators, 
 other than insulins.
 ``
            (II) Anti-inflammatories, inhaled 
 corticosteroids.
 ``
            (III) Bronchodilators, 
 anticholinergic.
 ``
            (IV) Bronchodilators, 
 sympathomimetic.
 ``
            (V) Respiratory tract agents, 
 other.
 ``
            (VI) Anticoagulants.
 ``
            (VII) Cardiovascular agents, 
 other.
 ``
            (VIII) Any category or class 
 identified by the Secretary or USP as a 
 successor to the categories and classes 
 described in subclauses
            (I) through
            (VII) based on the most recent USP 
 Medicare Model Guidelines at the time 
 of such identification.
 ``
            (ii) Net price.--The term `net price' 
 means the negotiated price of the drug net of 
 all price concessions originating from 
 manufacturers that are received or expected to 
 be received by the plan or pharmacy benefit 
 manager on behalf of the plan for such product 
 and that are not already reflected in the 
 negotiated price.''; and

    (2) in subsection
            (c) , by adding at the end the following 
 new paragraph:
 ``

    (7) Cost-sharing for covered chronic care drugs.--The 
 coverage is provided in accordance with subsection

    (b)

    (10) .''.

    (b) Conforming Amendments to Cost-Sharing for Low-Income 
Individuals.--

Section 1860D-14

    (a)

    (1)
            (D) 
            (iii) of the Social Security Act 
(42 U.S.C. 1395w-114

    (a)

    (1)
            (D) 
            (iii) ) is amended by adding at the end the 
following new sentence: ``For plan year 2027 and subsequent plan years, 
the copayment amount applicable under the first sentence of this 
subclause for a chronic drug (as defined in 

section 1860D-2

    (b)

    (10)
        (B) ) 
furnished to the individual may not exceed the applicable cost-sharing 
for such drug under the prescription drug plan or MA-PD plan in which 
the individual is enrolled.''.
            (c) Regulations.--Notwithstanding any other provision of law, the 
Secretary of Health and Human Services shall initially implement the 
amendments made by this section through interim final regulations.
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