February 5, 2026
Mr. Bergman (for himself, Mr. Auchincloss, Mr. Moulton, Mr. Lynch, Mr. Smucker, Ms. Lois Frankel of Florida, Ms. Norton, Mr. Mann, Mr. Mrvan, Ms. Balint, Ms. Davids of Kansas, Ms. Maloy, Mr. Bresnahan, Mr. Cleaver, Ms. Ansari, Mr. Huizenga, Ms. McBride, Ms. Titus, Ms. Tlaib, Mr. Neguse, Mr. Crank, Ms. Lee of Nevada, Mr. Lucas, Mr. Larsen of Washington, and Mr. Cohen) introduced the following bill; which was referred to the Committee on Energy and Commerce
To amend title III of the Public Health Service Act to ensure that Federally-qualified health centers are not required to pay more than the 340B ceiling price for covered outpatient drugs at the time of purchase.
Section 1. Short title
This Act may be cited as the Community Health Center Drug Pricing Protection Act
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Sec. 2. Ensuring upfront 340B discounted pricing for Federally-qualified health centers
(a) In general
Section 340B(a) of the Public Health Service Act (42 U.S.C. 256b(a)) is amended by adding at the end the following new paragraph:
(11) Upfront discounted pricing for Federally-qualified health centers
The Secretary may not enter into an agreement with a manufacturer of covered outpatient drugs under paragraph (1) under which the amount required to be paid to the manufacturer for covered outpatient drugs by a covered entity described in paragraph (4)(A) exceeds, at the point of purchase of such drug, the applicable ceiling price for such drug (as described in paragraph (1)).
(b) Rule of construction
Nothing in this section, or the amendment made by this section, shall be construed to permit under paragraph (1) of section 340B(a) of the Public Health Service Act (42 U.S.C. 256b(a)) any arrangement under which a covered entity described in paragraph (4)(A) of such section pays to the manufacturer of a covered outpatient drug an amount in excess of the applicable ceiling price for such drug (as described in such paragraph (1)) at the time of purchase, with later reconciliation by rebate, reimbursement, or other payment.
(c) Effective dates
(1) In general
The amendments made by this section shall take effect on the date of the enactment of this section and shall apply to drugs purchased on or after the date of the enactment of this section.
(2) Application to existing agreements
Beginning on the date of the enactment of this section, the amendments made by this section shall be taken into account in determining whether an agreement with a manufacturer of covered outpatient drugs meets the requirements of section 340B(a) of the Public Health Service Act (42 U.S.C. 256b(a)).