Biosimilar Red Tape Elimination Act
Official title: A bill to improve the requirements for making a determination of interchangeability of a biological product and its reference product.
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Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Biosimilar Red Tape Elimination Act
This bill removes certain requirements for biosimilars to be designated as interchangeable. (Biosimilars that are designated as interchangeable may be substituted for the reference product at a pharmacy without a new prescription, depending on state pharmacy laws.)
Specifically, the bill establishes a presumption that an approved biosimilar is interchangeable with the reference product without the need for additional evidence from the manufacturer, and it removes the applicable exclusivity periods for a first interchangeable biosimilar (i.e., a product that is the first interchangeable biosimilar to be approved with respect to the reference product).
The Food and Drug Administration (FDA) may require a manufacturer of a biosimilar to conduct a safety study with respect to switching or alternating between the biosimilar and the reference product, but only after the FDA briefs certain members of specified congressional committees to explain why the study is necessary.
- Introduced in Senate Formatted Text PDF Formatted XML
- DAVE KOLBE CONSULTING
- PRIME THERAPEUTICS
- FRESENIUS KABI USA LLC
- BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC.
- GUIDEWELL MUTUAL HOLDING CORPORATION
- BLUE CROSS AND BLUE SHIELD OF KANSAS, INC.
Bodies those filers lobbied
- HOUSE OF REPRESENTATIVES
- SENATE
- Centers For Medicare and Medicaid Services (CMS)
- Health & Human Services, Dept of (HHS)
- Office of Management & Budget (OMB)
- White House Office
- Executive Office of the President (EOP)
- Labor, Dept of (DOL)
Cite this page
U.S. Congress. (2026). S. 2305: Biosimilar Red Tape Elimination Act. 118th Congress. Open America. https://openamerica.io/bill/118-S-2305/
"S. 2305: Biosimilar Red Tape Elimination Act." 118th Congress, 2026, Open America, https://openamerica.io/bill/118-S-2305/.
S. 2305, 118th Cong. (2026), https://openamerica.io/bill/118-S-2305/.
[S. 2305: Biosimilar Red Tape Elimination Act](https://openamerica.io/bill/118-S-2305/)