Health care reform proposals moving through both the House and Senate now include provisions to create a pathway for FDA approval of biosimilar or biogeneric products. During markup of the "Affordable Health Choices Act," the Senate Health, Education, Labor, and Pensions (HELP) Committee voted 16 to 7 in favor of the 12-year exclusivity proposal advanced by Senators Orrin Hatch (RUT), Kay Hagan (D-NC) and Ranking Member Michael Enzi (R-WY). This vote came at the end of a two-hour discussion on the topic, during which the Committee considered proposals that varied principally on the length of exclusivity to be offered to innovator biologics, ranging from six to 12 years. During markup of H.R. 3200, the House health reform package, the House Energy and Commerce Committee accepted a biosimilars amendment authored by Rep. Anna Eshoo (D-CA) that would also provide brand name biologics with 12 years of exclusivity. All three House committees of jurisdiction for health care reform legislation technically completed their markups prior to leaving town for the August recess. However, the House Energy & Commerce Committee still plans to consider additional amendments to the bill in September. On the Senate side, although the HELP Committee finished its markup weeks ago (which included a 12-year exclusivity period), the Senate Finance Committee has still not released its proposal. A bipartisan group of six Finance Committee Senators are continuing to negotiate health care reform provisions during the August recess. Down the road, reconciling differences between the House bill and the Senate proposals will be a tremendous task, ensuring the likelihood for debate to continue well into the fall.