S. 150, Affordable Prescriptions for Patients Act of 2023
As reported by the Senate Committee on the Judiciary on March 1, 2023
By Fiscal Year, Millions of Dollars
2024
2024-2029
2024-2034
Direct Spending (Outlays)
*
-597
-2,434
Revenues
0
162
585
Increase or Decrease (-) in the Deficit
*
-759
-3,019
Spending Subject to Appropriation (Outlays)
*
5
not estimated
Increases net direct spending in any of the four consecutive 10-year periods beginning in 2035?
No
Statutory pay-as-you-go procedures apply?
Yes
Mandate Effects
Increases on-budget deficits in any of the four consecutive 10-year periods beginning in 2035?
No
Contains intergovernmental mandate?
No
Contains private-sector mandate?
Yes, Over Threshold
* = between -$500,000 and $500,000.
The bill would
Prohibit “product hopping” by manufacturers of original (not generic or biosimilar) drugs and biological products
Limit the number of patents of a certain type that a company may assert that another company has infringed on or would infringe on by manufacturing, importing, or marketing a biosimilar version of the first company’s original biological product
Impose private-sector mandates by limiting assertions of patent infringement
Estimated budgetary effects would mainly stem from
Lower federal spending for prescription drugs and biological products
Lower spending on federal subsidies for health insurance programs that cover drugs and biological products
Areas of significant uncertainty include
Predicting the amount in sales of drugs and biological products that would be affected by the bill
Predicting manufacturers’ decisions concerning litigation and the introduction and promotion of follow-on products
Anticipating the effects of those decisions on competition