Know the Lowest Price Act of 2018

Floor Speech

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Mr. CARTER of Georgia. Mr. Speaker, I thank the gentleman for yielding.

Mr. Speaker, I want to mark this as an important day for this Congress taking real steps to lower the cost of drugs for Americans.

I am proud to have been the lead sponsor for H.R. 6733, the Know the Cost Act of 2018, a bill that includes the core elements of this bill and expands patient protections.

Currently, pharmacists are prevented from telling their patients about a lower cost out-of-pocket option rather than utilizing insurance coverage. These gag clause provisions are included in provider manuals and contracts that require broad confidentiality agreements for pharmacists.

Often, these contracts offered by the pharmacy benefit manager, the PBM, are a take-it-or-leave-it situation where the pharmacist doesn't have any other options. If they opt not to take the contract, they are often left out of servicing large segments of the patient market.

Gag clauses can come in many forms, such as confidentiality agreements between pharmacists and plan sponsors, nondisparagement clauses, and even prohibitions on contacting sponsors, the media, and elected officials. As a result, pharmacists cannot have a transparent relationship with their patients or provide them necessary information that could help guide their best treatment options.

Senator Stabenow's bill, the Know the Lowest Price Act of 2018, bans these types of gag clauses in Medicare Advantage drug plans. Although this bill does not contain requirements for beneficiary notification that my bill, the Know the Cost Act of 2018, included, it is still an important step forward.

Banning gag clauses has received national support from State legislatures, both Chambers of Congress, HHS, and the President.

As the only pharmacist currently serving in Congress, I know all too well about the constraints placed on pharmacists as part of the take- it-or-leave-it contracts, where the pharmacist has no other option if they want to continue providing care for their patients in their community.

Mr. Speaker, I thank all of my colleagues on both sides of the aisle for their help in bringing this legislation forward. I particularly thank Chairman Burgess. Also, a shout-out to our staff, who has done an outstanding job of bringing this all together.

Mr. Speaker, I ask all my colleagues to vote in favor of this bill.

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