Sponsors (55)
The bill lowers drug acquisition costs and strengthens 340B protections for safety-net clinics and their patients, but risks manufacturer responses (restricted discounts or higher list prices) that could raise costs or reduce access for others and imposes new enforcement burdens.
Federally Qualified Health Centers (FQHCs) will pay no more than the 340B ceiling price at purchase, lowering immediate drug acquisition costs for these clinics.
Patients served by FQHCs—often low-income or uninsured—may face lower out-of-pocket or clinic service costs if centers retain savings from lower drug prices.
The bill limits manufacturer contract terms that attempt to circumvent 340B protections, increasing enforcement clarity and helping preserve program benefits for safety-net providers.
Manufacturers may raise list prices or change contracting practices to offset lost flexibility, potentially increasing drug costs for other purchasers including taxpayers and middle-class families.
Manufacturers may restrict or refuse discounted sales to FQHCs in response, reducing drug availability to clinics and the low-income patients they serve.
HHS and affected clinics will face immediate enforcement, review, and compliance tasks that could create administrative burdens and transitional costs.
Based on analysis of 2 sections of legislative text.
Prohibits HHS-approved agreements that allow FQHCs to be charged more than the 340B ceiling price at purchase and bans post-sale reconciliation schemes.
Official title: 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.
Introduced February 5, 2026 by John Bergman · Last progress February 5, 2026
Prevents drug manufacturers from charging Federally Qualified Health Centers (FQHCs) more than the statutory 340B ceiling price when they buy covered outpatient drugs. It also bars arrangements where FQHCs pay more at purchase and are later reimbursed or receive rebates to reach the ceiling price. The rule takes effect on enactment and applies to purchases and agreement reviews from that date forward.