Global Fairness in Drug Pricing Act

Summary

Requires the HHS Secretary, working with CMS and other agencies, to quickly propose rulemaking that sets most-favored-nation price targets so U.S. patient prices are comparable to prices in similarly developed countries. Directs HHS to certify that individual importation of prescription drugs poses no health risk and will cut costs, and to create rules for consistent case-by-case waivers that allow individuals to import drugs from developed low-cost countries. Directs the Attorney General and FTC Chair to pursue enforcement against anticompetitive manufacturer conduct, requires HHS to facilitate direct-to-consumer purchasing programs where allowed, and asks Commerce and the U.S. Trade Representative to study whether manufacturer policies harm national security, force U.S. patients to subsidize R&D, or depress prices abroad below fair market value.

• Directs HHS/CMS to propose a rule within 30 days to align U.S. drug prices with prices in similar developed countries using most-favored-nation targets.
• Requires HHS certification that individual importation of prescription drugs is safe and will reduce costs, and instructs HHS to create consistent waiver rules for personal importation.
• Tasks the Attorney General and FTC Chair with increased antitrust enforcement against pharmaceutical manufacturers using Sherman Act and FTC Act authorities.
• Requires HHS to support direct-to-consumer purchasing programs that let manufacturers sell at the new price levels where legally allowed.
• Orders Commerce and the USTR to study whether manufacturer behavior harms national security, forces U.S. patients to subsidize R&D, or depresses foreign prices.
• Does not include specific funding, new entitlement changes, or explicit changes to Medicare/Medicaid payment formulas.
• Creates potential for international trade friction, regulatory and legal challenges, and significant administrative work across several agencies.