Fischer Announces Support for Bills to Lower Prescription Drug Prices

Press Release

Date: Sept. 5, 2018
Location: Washington, DC

Today, U.S. Senator Deb Fischer (R-Neb.) announced she is cosponsoring three bills to lower the cost of prescription drugs for Nebraskans and all Americans. Fischer released the following statement on her support for the CREATES Act, the Patients Right to Know Drug Prices Act, and the Know the Lowest Price Act:

"Across Nebraska and the country, patients have seen health care costs skyrocket. We can address these rising costs by increasing competition and transparency. These common-sense policy changes will help put Nebraskans back in control of their health care choices."

Background on the Three Bills Fischer is Cosponsoring:

The Creating and Restoring Equal Access to Equivalent Samples (CREATES) Act would create a new civil action that generic drug developers could bring in federal court against brand-name companies for failure to provide the generic developer with sufficient samples of the drug. Additionally, the bill would give the Food and Drug Administration (FDA) more discretion to approve alternative safety protocols, rather than require parties to develop a shared safety protocol themselves.

The Patients Right to Know Drug Prices Act would bar insurers or pharmacy benefit managers (PBMs) from using what's known as "gag clauses" that prevent pharmacists from informing patients that they could pay less for a drug if they paid out-of-pocket rather than through their insurance plan. Specifically, this would apply to the Affordable Care Act individual market and private employer plans.

The Know the Lowest Price Act would bar insurers or PBMs from using these gag clauses. This would apply to entities offering prescription drug plans under Medicare Part D or Medicare Advantage. This bill passed the Senate unanimously last night.


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