Congressman Sean Maloney

Representing the 18th District of New York

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Maloney Votes to Lower Health Care Costs

May 17, 2019
Press Release

WASHINGTON –  Representative Sean Patrick Maloney (NY-18) voted to pass H.R. 987, the Strengthening Health Care and Lowering Prescription Drug Costs Act, a bipartisan legislative package that addresses two major health care concerns for the American public – skyrocketing prescription drug costs and protections for people with pre-existing conditions.

“In America, no one should have to choose between putting food on the table and taking their meds. I don’t know anyone who disagrees with that,” said Rep. Maloney. “This gets us closer to a health care system that prioritizes people, not profits - and it’s about time we made some progress.”

The bipartisan legislative package includes the following three key drug pricing measures to remove barriers to lower-priced generic drugs getting to market and competing with brand-name drugs, creating significant savings for consumers:

  • The CREATES Act:  Currently, certain brand-name manufacturers use tactics to withhold or delay generic manufacturers getting from them the brand drug samples they need to develop their generic products.  This bill establishes a process by which generic manufacturers are able to obtain sufficient quantities of the brand drug samples, thereby blocking these delaying tactics.
  • The Protecting Consumer Access to Generic Drugs Act:  Currently, brand-name drug manufacturers can enter into a “pay-for-delay” agreement in which the brand-name manufacturer pays the generic manufacturer to delay bringing a generic equivalent to market, significantly hurting consumers.  This bill makes these “pay-for-delay” agreements illegal.
  • The BLOCKING Act:  Currently, the first generic applicant to FDA is granted 180 days of market exclusivity, but some generics then fail to move the product to market, called “parking” – thereby blocking other generics from applying to FDA.  This bill allows generics to get to market earlier by changing the rules on “parking.”

The bipartisan legislative package also includes the following four measures to improve our health care system by revoking the Junk Plan rule, thereby reinforcing protections for pre-existing conditions; expanding the number of individuals with quality, affordable coverage; and helping more states create state-based marketplaces:

  • The SAVE Act: This bipartisan bill appropriates $200 million to assist interested states in creating their own state-based marketplaces.  State-based marketplaces are outperforming the Federal marketplace, achieving lower premiums and higher enrollment.  This bill empowers states to implement new approaches that lower costs and expand coverage for American families, thereby improving our health care system.
  • The MORE Health Education Act & The ENROLL Act:  These bills, containing provisions similar to provisions in the bipartisan Alexander-Murray proposal put forward in the Senate in the last Congress, restore critical funding for marketplace consumer outreach and enrollment education activities, as well as critical funding for the Navigator program, both of which the Trump Administration has slashed.  CBO estimates this funding will result in about 500,000 additional enrollees in nongroup quality, affordable coverage and Medicaid each year over the next 10 years.
  • Rescinding the Trump Administration’s Devastating Junk Plan Rule:  This bill reinforces the protections for people with pre-existing conditions by revoking the Trump Administration’s rule that promotes the sale of junk plans, which discriminate against people with pre-existing conditions and do not cover essential benefits.  A recent KFF poll finds that, by 53% to 37%, Republicans oppose junk plans.

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