US Federal 2025-2026 Regular Session

US Federal House Bill HB3288

Introduced
 
Introduced
5/8/25  

Caption

Access to Prescription Digital Therapeutics Act of 2025

Summary

HB3288, the Access to Prescription Digital Therapeutics Act of 2025, would amend the Social Security Act to recognize certain FDA-cleared or FDA-approved software-based therapeutic products as covered health services under both Medicare and Medicaid. The bill defines a “prescription digital therapeutic” as a product, device, internet application, or other technology that is primarily software-based and is authorized for the prevention, management, or treatment of a disease, condition, or disorder. For Medicare, the bill would add prescription digital therapeutics to the list of covered medical and other health services beginning January 1, 2026, and direct the Secretary of Health and Human Services to create a payment methodology for manufacturers within one year of enactment. It also requires product-specific HCPCS coding, including temporary codes until permanent ones are established, and annual manufacturer reporting on private-payor payment rates, volume distributed, and user counts. The reporting rules include disclosure of discounts and rebates and authorize civil monetary penalties for failures to report or for misstatements. For Medicaid, the bill would amend the Social Security Act to include prescription digital therapeutics as a covered service under the program. In practical terms, the bill would expand federal health coverage policy to include certain digital medicine products, potentially increasing access for beneficiaries while also creating new administrative and reimbursement obligations for CMS and manufacturers.

Impact

The bill would amend Titles XVIII and XIX of the Social Security Act to expressly include prescription digital therapeutics in Medicare and Medicaid coverage. It would require the Centers for Medicare & Medicaid Services to establish payment and coding frameworks for these products and would impose ongoing reporting and compliance duties on manufacturers. The affected parties include Medicare and Medicaid beneficiaries, digital therapeutic manufacturers, private payors whose pricing data must be reported, and federal administrators responsible for coverage, coding, and payment.

Sentiment

Based on the bill text and available context, the measure appears generally supportive of expanding access to emerging digital health treatments. The bipartisan sponsorship by Representatives Hern and Thompson suggests interest across party lines in recognizing software-based therapeutics within federal health programs. No committee debate, votes, or recorded opposition were provided, so there is no documented floor or committee sentiment beyond the bill’s affirmative policy direction.

Contention

The main likely points of contention are administrative complexity, payment methodology, and manufacturer reporting requirements. The bill gives the Secretary broad discretion to set payment rates, which could raise concerns among manufacturers about reimbursement adequacy, while payors and program administrators may focus on the burden of collecting and validating pricing and utilization data. Another possible issue is the scope of the definition of prescription digital therapeutics, including which FDA-authorized software products qualify and how ongoing-use products should be paid for. No specific objections were recorded in the provided materials.

Companion Bills

US SB1702

Related Access to Prescription Digital Therapeutics Act of 2025

Previously Filed As

US SB1702

Access to Prescription Digital Therapeutics Act of 2025

US HB950

Saving Seniors Money on Prescriptions Act

US SB418

Therapeutic interchange; authorizes pharmacists to perform, adaptation of prescriptions.

US SB00011

An Act Concerning Prescription Drug Access And Affordability.

US SB1063

Prescriptions; creating the Oklahoma Health Care Safety Net and Affordable Prescriptions Accessibility Act; prohibiting certain actions; providing for enforcement by Attorney General and Insurance Commissioner. Effective date.

US HB1509

Accelerating Kids’ Access to Care Act of 2025

US HB1971

AN ACT Relating to increasing access to prescription hormone therapy to patients of all ages by requiring health plans to provide reimbursement for a 12-month refill of prescription hormone therapy obtained at one time by an enrollee;

US S00856

Repeals provisions relating to prescription digital therapeutics which are software-based disease treatments.

US A00988

Repeals provisions relating to prescription digital therapeutics which are software-based disease treatments.

US H1326

To ensure access to prescription medications

Similar Bills

US SB1702

Access to Prescription Digital Therapeutics Act of 2025

UT HB0264

Prescription Medication Amendments

VA HB2378

Therapeutically equivalent drug products; provisions for return of outdated drugs.

RI H5626

Mandates health insurance coverage for FDA approved contraceptive drug, device or therapeutic equivalent.

RI S0480

Mandates health insurance coverage for FDA approved contraceptive drug, device or therapeutic equivalent.

RI H5855

Amends the types of products which pharmacists may prescribe as substitute drugs or products to include "devices and supplies" and "therapeutically equivalent drugs and pharmaceuticals."

RI S0482

Amends the types of products which pharmacists may prescribe as substitute drugs or products to include "devices and supplies" and "therapeutically equivalent drugs and pharmaceuticals".

MT HB399

Revise prior authorization laws