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Proposed

Bill · 119th Congress · HR 10628

Biosimilars Access and Affordability Act

Refreshed 1 h ago

Introduced 2026-09-28Topic: health care

Summary

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This bill changes the rules for when a brand-name biological drug can be picked for Medicare price negotiation if a lower-cost copy (a biosimilar) is expected to come to market. It extends the possible delay of negotiation from 1 year to 2 years, and makes the delay automatic in some cases when the biosimilar maker has reached certain approval or testing steps and expects to market the product within 2 years. Biosimilar makers must confirm the information in writing under penalty of perjury, and pending patent lawsuits do not block a delay. If the biosimilar is not licensed and marketed in time, the brand-name drug is added to the negotiation list and its maker must pay Medicare a rebate for the delayed years. The changes apply starting with price year 2027.

Full text and official record on Congress.gov

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Action history

DateChamberActionStatus effect
2026-09-28HouseReferred 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.refer
2026-09-28HouseReferred 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.refer
2026-09-28Introduced in Houseintroduce
2026-09-28Introduced in Houseintroduce
Source: GovInfo Bill Status (Library of Congress), fetched 2026-10-23. Provisions and opinion polling arrive in a later release.