Congress delays Medicare's power to negotiate biologic drug prices
S. 832 — EPIC Act of 2025 · Filed by Thom Tillis (R-NC) · 7 cosponsors · Introduced Mar 4, 2025 · Referred to committee
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What it does
This bill extends the negotiation period for biologic drugs under Medicare's Drug Price Negotiation Program from 7 years to 11 years for drugs entering the program in 2028 and beyond, while keeping the 7-year period for 2026–2027. It aligns biologic negotiation timelines with small-molecule drugs, which already have longer exclusivity periods under patent law.
Why we flagged it
The bill's operative mechanism is a straightforward extension of the negotiation-delay period for biologic drugs. It does not hide its function, but the framing as 'equalizing' periods obscures that it favors manufacturers over payers and patients.
What the text implies
- The bill frames the change as 'equalizing' small-molecule and biologic timelines, but small-molecule drugs already have 11+ years of patent protection under the Hatch-Waxman Act; this bill does not equalize — it extends biologic exclusivity beyond what small-molecule drugs receive in practice.
- By delaying negotiation to 2028+, the bill grandfathers in 2026–2027 biologics at the 7-year threshold, creating a two-tier system that may incentivize accelerated approvals and market entry before the 11-year rule takes effect.
The full analysis lists 3 implications of this text.
Who stands to gain
biopharmaceutical manufacturers; large-cap biotech companies