Right to FDA-Approved Medicines Act

Right to FDA-Approved Medicines Act would create a broad federal right for individuals to obtain medicines approved by the FDA and for health care providers to furnish those medicines and related information, referrals, and services. It aims to shield both patients and providers from laws, rules, or practices that would impede access to FDA-approved medicines, while allowing certain narrowly tailored restrictions only if they are proven, with clear and convincing evidence, to meaningfully advance access and cannot be achieved less restrictively. The bill would explicitly preempt conflicting state and federal laws (with notable exceptions around health coverage) and would authorize strong enforcement, including federal lawsuits by the Attorney General and private lawsuits by individuals or providers, with the potential for injunctive relief and attorney’s fees. In short, the bill seeks to guarantee a legal right to FDA-approved medicines and to empower patients and providers to challenge restrictions that limit access, while preserving limited protections related to insurance coverage and existing federal health programs.