H.R. 5343: Ensuring Patient Access to Critical Breakthrough Products Act

What it does

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Ensuring Patient Access to Critical Breakthrough Products Act

This bill provides for Medicare coverage of medical devices that are approved under the Food and Drug Administration (FDA) Breakthrough Devices Program. (Under the program, manufacturers work with the FDA to expedite the review and approval of certain medical devices that provide for more effective treatment or diagnosis of life-threatening or irreversibly debilitating human diseases or conditions.)

The bill allows designated medical breakthrough devices to be temporarily covered under Medicare during a four-year transitional period. Manufacturers must apply to the Centers for Medicare & Medicaid Services (CMS) to receive this designation. Qualifying devices must (1) have received priority review from the FDA, (2) received premarket approval (if applicable) based on clinical data that includes data from Medicare beneficiaries, (3) already generally qualify for Medicare coverage, and (4) not present an undue risk of harm that outweighs potential clinical benefits for Medicare beneficiaries.

The CMS must approve or deny applications within six months of receipt and must provide an explanation in the case of a denial. In addition, the CMS must make permanent coverage decisions before the end of the transitional period upon a timely request to do so, as specified.

The bill provides funds through FY2030 for the CMS to implement the bill.

Official summary by the Congressional Research Service (Introduced in House, Sep 15, 2025).

Our plain-language breakdown, with what it means for you and the case for and against, is written once a bill starts to move.

What has happened

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2025-09-17Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 37 - 3.House committee actions
2025-09-17Committee Consideration and Mark-up Session HeldHouse committee actions
2025-09-15Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.House floor actions
2025-09-15Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.House floor actions
2025-09-15Introduced in HouseLibrary of Congress
2025-09-15Introduced in HouseLibrary of Congress

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Cosponsors

Rep. Jake Auchincloss D-MA-4
Rep. Nanette Diaz Barragán D-CA-44
Rep. Aaron Bean R-FL-4
Rep. Cliff Bentz R-OR-2
Rep. Ami Bera D-CA-6
Rep. Jack Bergman R-MI-1
Rep. Gus M. Bilirakis R-FL-12
Rep. Brendan F. Boyle D-PA-2
Rep. Mike Carey R-OH-15
Rep. Earl L. "Buddy" Carter R-GA-1
Rep. Juan Ciscomani R-AZ-6
Rep. Steve Cohen D-TN-9
Rep. J. Luis Correa D-CA-46
Rep. Angie Craig D-MN-2
Rep. Jason Crow D-CO-6
Rep. Sharice Davids D-KS-3
Rep. Madeleine Dean D-PA-4
Rep. Suzan K. DelBene D-WA-1
Rep. Neal P. Dunn R-FL-2
Rep. Michelle Fischbach R-MN-7
Rep. Brian K. Fitzpatrick R-PA-1
Rep. Maggie Goodlander D-NH-2
Rep. Josh Gottheimer D-NJ-5
Rep. Kevin Hern R-OK-1
Rep. Chrissy Houlahan D-PA-6
Rep. John Joyce R-PA-13
Rep. Thomas H. Kean R-NJ-7
Rep. Mike Kelly R-PA-16
Rep. Mike Kennedy R-UT-3
Rep. Jennifer A. Kiggans R-VA-2
Rep. Young Kim R-CA-40
Rep. David Kustoff R-TN-8
Rep. Nicholas A. Langworthy R-NY-23
Rep. Michael Lawler R-NY-17
Rep. Sam T. Liccardo D-CA-16
Rep. Ted Lieu D-CA-36
Rep. Zoe Lofgren D-CA-18
Rep. Nicole Malliotakis R-NY-11
Rep. Celeste Maloy R-UT-2
Rep. Richard McCormick R-GA-7
Rep. Daniel Meuser R-PA-9
Rep. Carol D. Miller R-WV-1
Rep. Frank J. Mrvan D-IN-1
Rep. Kevin Mullin D-CA-15
Rep. Gregory F. Murphy R-NC-3
Rep. Jay Obernolte R-CA-23
Rep. Burgess Owens R-UT-4
Rep. Jimmy Panetta D-CA-20
Rep. Chris Pappas D-NH-1
Rep. Scott H. Peters D-CA-50
Rep. Brittany Pettersen D-CO-7
Rep. Deborah K. Ross D-NC-2
Rep. John H. Rutherford R-FL-5
Rep. Maria Elvira Salazar R-FL-27
Rep. Mary Gay Scanlon D-PA-5
Rep. Bradley Scott Schneider D-IL-10
Rep. Terri A. Sewell D-AL-7
Rep. Adrian Smith R-NE-3
Rep. Darren Soto D-FL-9
Rep. Haley M. Stevens D-MI-11
Rep. Marilyn Strickland D-WA-10
Rep. Claudia Tenney R-NY-24
Rep. Shri Thanedar D-MI-13
Rep. Lori Trahan D-MA-3
Rep. David G. Valadao R-CA-22
Rep. Randy K. Sr. Weber R-TX-14
Rep. George Whitesides D-CA-27
Rep. Rudy Yakym R-IN-2