“We have now received enough guidance from CBO to bring the Lower Drug Costs Now Act to the Floor and to reinvest its savings in one of the most transformation improvements to Medicare since its creation,” Pelosi, Majority Leader Steny Hoyer and Reps. Frank Pallone (D-N.J.), Richard Neal (D-Mass.) and Bobby Scott (D-Va.) said in a statement. Pallone, Neal and Scott are chairmen of committees with jurisdiction over various aspects of health policy.
The bill has virtually no chance of being taken up in the Republican-controlled Senate. And it could face constitutional challenges. An analysis from congressional legal advisers cautioned that the bill’s provisions limiting drug prices could run afoul of the Fifth Amendment’s takings clause as well as the Eighth Amendment’s excessive fines clause.