Cancer Drug Parity Act of 2026

Tina Smith

Democrat · MN · Senator

Source: Congress.gov · FEC

• Jerry Moran (R-KS)Original· 2026-07-15

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

2026-07-15

Source: Congress.gov

The bill would require employer health insurance plans to charge patients the same out-of-pocket costs for cancer drugs taken by mouth as they do for cancer drugs given by injection or infusion at a doctor's office. This change would help cancer patients afford oral medications, which are increasingly common treatments but are sometimes more expensive for patients to pay for than traditional IV treatments. The bill affects workers and their families who get health insurance through their employers.

AI-assisted summary generated from the official bill metadata (title, subjects, actions) sourced from Congress.gov. Cached and reviewed. Always verify against the official text linked below.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 5004 Introduced in Senate (IS)] <DOC> 119th CONGRESS 2d Session S. 5004 To amend the Employee Retirement Income Security Act of 1974 to require a group health plan (or health insurance coverage offered in connection with such a plan) to provide for cost-sharing for oral anticancer drugs on terms no less favorable than the cost-sharing provided for anticancer medications administered by a health care provider. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 15, 2026 Ms. Smith (for herself and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Employee Retirement Income Security Act of 1974 to require a group health plan (or health insurance coverage offered in connection with such a plan) to provide for cost-sharing for oral anticancer drugs on terms no less favorable than the cost-sharing provided for anticancer medications administered by a health care provider. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer Drug Parity Act of 2026''. SEC. 2. PARITY IN COST-SHARING FOR ORAL ANTICANCER DRUGS. (a) In General.--The Employee Retirement Income Security Act of 1974 is amended by inserting after section 726 of such Act (29 U.S.C. 1185o) the following new section: ``SEC. 727. PARITY IN COST-SHARING FOR ORAL ANTICANCER DRUGS. ``(a) In General.--Subject to subsection (b), a group health plan (or health insurance coverage offered in connection with such a plan) that provides benefits with respect to anticancer medications administered by a health care provider shall provide that any cost- sharing for prescribed, patient-administered anticancer medications that are used to kill, slow, or prevent the growth of cancerous cells and that have been approved by the Food and Drug Administration is no less favorable than the cost-sharing for anticancer medications that are intravenously administered or injected by a health care provider. ``(b) Limitation.--Subsection (a) shall apply only to an anticancer medication that is prescribed based on a finding by the treating physician that the medication-- ``(1) is medically necessary for the purpose of killing, slowing, or preventing the growth of cancerous cells; or ``(2) is clinically appropriate in terms of type, frequency, extent site, and duration. ``(c) Restriction on Certain Changes.--A group health plan (or health insurance coverage offered in connection with such a plan) may not, in order to comply with the requirement of subsection (a), make changes to benefits or replace existing benefits with new benefits under the plan (or health insurance coverage) designed to have the effect of-- ``(1) imposing an increase in out-of-pocket costs with respect to anticancer medications; ``(2) reclassifying benefits with respect to anticancer medications in a way that would increase such costs; or ``(3) applying more restrictive limitations on prescribed orally administered anticancer medications than on intravenously administered or injected anticancer medications. ``(d) Construction.--Nothing in this section shall be construed-- ``(1) to require the use of orally administered anticancer medications as a replacement for other anticancer medications; ``(2) to prohibit a group health plan (or health insurance coverage offered in connection with such a plan) from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any anticancer medication; or ``(3) to supersede a State law that provides greater protections with respect to the coverage with respect to orally administered anticancer medications than is provided under this section. ``(e) Cost-Sharing Defined.--In this section, the term `cost- sharing' includes a deductible,…

coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.''. (b) Technical Correction; Clerical Change.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is amended by inserting after the item relating to section 726 the following new item: ``Sec. 727. Parity in cost-sharing for oral anticancer drugs.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2027. SEC. 3. GAO STUDY. Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) complete a study that assesses the impact of section 727 of the Employee Retirement Income Security Act of 1974, as added by section 2(a), on the out-of-pocket costs associated with oral and patient-administered anticancer medications furnished or dispensed to individuals enrolled in a group health plan to which such section 727 applies, in comparison to individuals enrolled in group health plans or health insurance coverage to which section 727 does not apply, including any recommendations or matters for congressional consideration regarding actions Federal agencies or Congress can take to reduce financial barriers to access to oral and patient- administered anticancer medications; and (2) submit to Congress a report on the results of such study, including recommendations or matters for congressional consideration to improve access to oral and patient- administered anticancer medications for individuals enrolled in group health plans and group or individual health insurance coverage offered by a health insurance issuer. <all>

• SRES789A resolution recognizing June 2026, as "LGBTQ Pride Month".
  Referred to Committee · 2026-06-24
• S4871Improving Personal Risk Assessments to Prevent Suicide Act
  Referred to Committee · 2026-06-23
• S4848Farming Opportunities Training and Outreach Grant Program Reauthorization Act of 2026
  Referred to Committee · 2026-06-22
• S4832SNAP Tribal Food Sovereignty Act of 2026
  Referred to Committee · 2026-06-18