MISSION Rx Act

Section 1074g of title 10, United States Code, is amended—

(1) in subsection (a)(6), by adding at the end the following new subparagraphs:

(F) Notwithstanding subparagraphs (A), (B), and (C), during any year a selected drug is covered under the Drug Price Negotiation Program established under section 1191 of the Social Security Act (42 U.S.C. 1320f), the cost-sharing amount under this subsection during a year for such selected drug for an eligible covered beneficiary may not exceed the cost-sharing amount paid by a Medicare beneficiary for such selected drug in that year under part D of title XVIII of that Act (42 U.S.C. 1395w–101 et seq.) pursuant to such Drug Price Negotiation Program.; and

(2) in subsection (i), by adding at the end the following new paragraph:

(5) The term selected drug has the meaning given such term in section 1192(c) of the Social Security Act (42 U.S.C. 1320f–1(c)).

Section 1722A of title 38, United States Code, is amended by adding at the end the following new subsections:

(d) Notwithstanding subsections (a) and (b), during any year a selected drug is covered under the Drug Price Negotiation Program established under section 1191 of the Social Security Act (42 U.S.C. 1320f), the copayment amount determined under this section during a year for such selected drug for a veteran may not exceed the copayment amount paid by a Medicare beneficiary for such selected drug in that year under part D of title XVIII of that Act (42 U.S.C. 1395w–101 et seq.) pursuant to such Drug Price Negotiation Program.

(e) In this section, the term selected drug has the meaning given such term in section 1192(c) of the Social Security Act (42 U.S.C. 1320f–1(c)).

Section 8126 of title 38, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (3), by striking; and and inserting a semicolon;

(B) in paragraph (4)(C), by striking the period and inserting; and; and

(C) by adding at the end the following new paragraph:

(5) with respect to each selected drug of the manufacturer procured by a Federal agency, as described in subsection (b), such master agreement shall be subject to the requirements in subsection (j).

(2) in subsection (g)(1), by striking 1992 and inserting 1992, except with respect to any reference to a provision of such Act in paragraphs (7) and (8) of subsection (h) and in subsection (j);

(3) in subsection (h)—

(A) by redesignating paragraphs (5) and (6) as paragraphs (6) and (8), respectively;

(B) by inserting after paragraph (4) the following new paragraph:

(5) The term maximum fair price has the meaning given such term in section 1191(c)(3) of the Social Security Act (42 U.S.C. 1320f(c)(3)).; and

(C) by inserting after paragraph (6), as redesignated by subparagraph (A), the following new paragraph:

(7) The term selected drug has the meaning given such term in section 1192(c) of the Social Security Act (42 U.S.C. 1320f–1(c)).; and

(4) by adding at the end the following new subsections:

(j) During any year a selected drug is covered under the Drug Price Negotiation Program established under section 1191 of the Social Security Act (42 U.S.C. 1320f), each manufacturer entering into a master agreement may not set the maximum price for such selected drug included in such master agreement at the time such master agreement is executed at a price exceeding the maximum fair price for such drug as set by such Drug Price Negotiation Program for the duration of such master agreement.

The amendments made in subsection (c) shall apply with respect to each master agreement under section 8126 of title 38, United States Code, covering a selected drug, as defined by such section, that is in effect on the date of the enactment of this Act or enters into force on or after such date.

Upon termination of the Drug Price Negotiation Program established under section 1191 of the Social Security Act (42 U.S.C. 1320f), each master agreement described in paragraph (1) shall be modified to reflect the drug price maximums as of the date of such modification under existing law for each selected drug, as defined in section 8126 of title 38, United States Code, as amended by subsection (c).

Part E of the Social Security Act (42 U.S.C. 1320f et seq.) is amended—

(1) in section 1193(a)(4)(A), by striking 8126(h)(5) and inserting 8126(h); and

(2) in section 1194(c)(6), by striking 8126(h)(5) and inserting 8126(h).