Active · Introduced
H.R. 10770 — 340B Rebate Model Delay Act
This bill would freeze a new drug-discount rebate pilot for two years. Robert Bresnahan is the sponsor. It was introduced on October 9, 2026. It is not a law.
Should your local clinic have to pay full price for medicine first and wait to get money back later? Drug companies want to start doing this in January. H.R. 10770 would stop it for two years. Some say it keeps small clinics open. Others say it lets big hospitals keep savings meant for patients. You decide.
What 340B is
Congress created the 340B Program in 1992. Drug makers that take part in Medicaid must sell outpatient medicines at steep discounts to safety-net hospitals, rural clinics and community health centers.
What the pilot does
Starting January 1, 2027, a federal pilot approved by HRSA lets 10 drug companies change how that discount is delivered for 18 drugs, including Eliquis, Jardiance, Farxiga, Januvia and Enbrel. Providers would pay full price first, then claim the 340B discount back as a rebate. They have 45 days after dispensing to submit each claim.
What H.R. 10770 does
H.R. 10770, the 340B Rebate Model Delay Act, would freeze the pilot through December 31, 2028, and keep the discounts upfront. It was introduced on October 9, 2026, by Reps. Robert Bresnahan Jr. (R-PA), Tracey Mann (R-KS), Debbie Dingell (D-MI) and Lois Frankel (D-FL). It is now with the House Energy and Commerce Committee.
The lawsuit
On the same day, the American Hospital Association, the Maine Hospital Association and four safety-net hospitals sued HHS and HRSA in federal court in Maine (AHA v. Kennedy). They argue that HRSA did not properly weigh what the pilot would cost hospitals.
What each side says
Clinics: Safety-net providers say they don't have the spare cash to pay full price upfront and wait for rebates. They also say the claims paperwork adds real costs.
Manufacturers and HRSA: They say checking each claim before paying the rebate makes 340B more transparent. They also say it stops duplicate discounts, where a drug company gives both a 340B discount and a Medicaid rebate, or a Medicare negotiated price, on the same prescription.
Critics of 340B: Some argue that large hospital systems keep the 340B margin as revenue instead of passing the savings to patients. That debate is not settled. The bill doesn't change it, and it doesn't directly lower prices at the pharmacy counter.
You decide. Where do you stand? Vote on H.R. 10770.