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ORPHAN Cures Act

3/7/2025, 4:20 PM

Summary of Bill HR 946

Bill 119 HR 946, also known as the Orphan Drug Exclusion Act, aims to make changes to title XI of the Social Security Act in order to expand and clarify the exclusion for orphan drugs under the Drug Price Negotiation Program.

Orphan drugs are medications that are used to treat rare diseases or conditions that affect a small percentage of the population. These drugs are often expensive to develop and produce, and as a result, they can be costly for patients who need them.

The Drug Price Negotiation Program was established to help lower the cost of prescription drugs for Medicare beneficiaries by allowing the government to negotiate prices with drug manufacturers. However, there has been confusion and inconsistency in how orphan drugs are treated under this program. This bill seeks to address these issues by expanding the exclusion for orphan drugs, which would allow them to be exempt from certain pricing regulations under the Drug Price Negotiation Program. This would help ensure that patients who rely on orphan drugs have continued access to these medications without facing exorbitant costs. Overall, the Orphan Drug Exclusion Act aims to provide clarity and support for the development and accessibility of orphan drugs for patients with rare diseases, while also working to lower overall prescription drug costs for Medicare beneficiaries.

Congressional Summary of HR 946

Optimizing Research Progress Hope And New Cures Act or the ORPHAN Cures Act

This bill modifies certain provisions under the Medicare Drug Price Negotiation Program with respect to orphan drugs.

The Medicare Drug Price Negotiation Program requires the Centers for Medicare & Medicaid Services to negotiate the prices of certain prescription drugs under Medicare beginning in 2026. Among other requirements, drugs must have had market approval for at least 7 years (for drug products) or 11 years (for biologics) to qualify for negotiation. The program does not apply to orphan drugs that are approved to treat only one rare disease or condition.

The bill modifies these provisions so as to exclude any period in which a drug was an orphan drug from market approval calculations. It also excludes orphan drugs that are approved to treat more than one rare disease or condition from the program.

Current Status of Bill HR 946

Bill HR 946 is currently in the status of Bill Introduced since February 6, 2025. Bill HR 946 was introduced during Congress 119 and was introduced to the House on February 4, 2025.  Bill HR 946's most recent activity was Sponsor introductory remarks on measure. (CR H535-536) as of February 6, 2025

Bipartisan Support of Bill HR 946

Total Number of Sponsors
4
Democrat Sponsors
0
Republican Sponsors
4
Unaffiliated Sponsors
0
Total Number of Cosponsors
9
Democrat Cosponsors
5
Republican Cosponsors
4
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 946

Primary Policy Focus

Health

Alternate Title(s) of Bill HR 946

To amend title XI of the Social Security Act to expand and clarify the exclusion for orphan drugs under the Drug Price Negotiation Program.
To amend title XI of the Social Security Act to expand and clarify the exclusion for orphan drugs under the Drug Price Negotiation Program.

Comments

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