[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1781 Reported in House (RH)]
<DOC>
Union Calendar No. 205
116th CONGRESS
1st Session
H. R. 1781
[Report No. 116-257, Part I]
To amend titles XVIII and XIX of the Social Security Act to provide the
Medicare Payment Advisory Commission and the Medicaid and CHIP Payment
and Access Commission with access to certain drug payment information,
including certain rebate information.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2019
Mr. Carter of Georgia (for himself, Mr. O'Halleran, Mr. Rice of South
Carolina, Mr. Panetta, Mr. Gianforte, and Mr. Welch) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means, 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
October 28, 2019
Additional sponsors: Mr. Pallone, Mr. Ruiz, Mr. Rush, Mrs. Dingell, Ms.
Eshoo, Mr. Kennedy, Ms. Matsui, Mr. Bilirakis, Mr. Van Drew, Ms.
Schakowsky, Mr. Walden, Ms. Clarke of New York, Mr. Burchett, Ms.
Mucarsel-Powell, Mr. Kim, Mr. Casten of Illinois, Mr. Connolly, Mr.
Cisneros, Mrs. Wagner, Ms. Underwood, Mr. Stanton, Ms. Slotkin, Ms.
Craig, and Ms. Spanberger
Reported from the Committee on Energy and Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
October 28, 2019
Committee on Ways and Means discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on March
14, 2019]
_______________________________________________________________________
A BILL
To amend titles XVIII and XIX of the Social Security Act to provide the
Medicare Payment Advisory Commission and the Medicaid and CHIP Payment
and Access Commission with access to certain drug payment information,
including certain rebate information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Payment Commission Data Act of
2019''.
SEC. 2. PROVIDING THE MEDICARE PAYMENT ADVISORY COMMISSION AND MEDICAID
AND CHIP PAYMENT AND ACCESS COMMISSION WITH ACCESS TO
CERTAIN DRUG PAYMENT INFORMATION, INCLUDING CERTAIN
REBATE INFORMATION.
(a) Access to Certain Part D Payment Data.--Section 1860D-15(f) of
the Social Security Act (42 U.S.C. 1395w-115(f)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(ii), by striking ``and'' at
the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by inserting at the end the following new
subparagraph:
``(C) by the Executive Director of the Medicare
Payment Advisory Commission for purposes of monitoring,
making recommendations, and analysis of the program
under this title and by the Executive Director of the
Medicaid and CHIP Payment and Access Commission for
purposes of monitoring, making recommendations, and
analysis of the Medicaid program established under
title XIX and the Children's Health Insurance Program
under title XXI.''; and
(2) by adding at the end the following new paragraph:
``(3) Additional restrictions on disclosure of
information.--The Executive Directors described in paragraph
(2)(C) shall not disclose any of the following information
disclosed to such Executive Directors or obtained by such
Executive Directors pursuant to such paragraph, with respect to
a prescription drug plan offered by a PDP sponsor or an MA-PD
plan offered by an MA organization:
``(A) The specific amounts or the identity of the
source of any rebates, discounts, price concessions, or
other forms of direct or indirect remuneration under
such prescription drug plan or such MA-PD plan.
``(B) Information submitted with the bid submitted
under section 1860D-11(b) by such PDP sponsor or under
section 1854(a) by such MA organization.
``(C) In the case of such information from
prescription drug event records, in a form that would
not be permitted under section 423.505(m) of title 42,
Code of Federal Regulations, or any successor
regulation, if made by the Centers for Medicare &
Medicaid Services.''.
(b) Access to Certain Rebate and Payment Data Under Medicare and
Medicaid.--Section 1927(b)(3)(D) of the Social Security Act (42 U.S.C.
1396r-8(b)(3)(D)) is amended--
(1) in the matter before clause (i), by striking
``subsection (a)(6)(A)(ii)'' and inserting ``subsection
(a)(6)(A)'';
(2) in clause (iv), by striking ``and'' at the end;
(3) in clause (v), by striking the period at the end and
inserting ``, and'';
(4) by inserting after clause (v) the following new clause:
``(vi) to permit the Executive Director of
the Medicare Payment Advisory Commission and
the Executive Director of the Medicaid and CHIP
Payment and Access Commission to review the
information provided.'';
(5) in the matter at the end, by striking ``1860D-
4(c)(2)(E)'' and inserting ``1860D-4(c)(2)(G)''; and
(6) by adding at the end the following new sentence: ``Any
information disclosed to the Executive Director of the Medicare
Payment Advisory Commission or the Executive Director of the
Medicaid and CHIP Payment and Access Commission pursuant to
this subparagraph shall not be disclosed by either such
Executive Director in a form which discloses the identity of a
specific manufacturer or wholesaler or prices charged for drugs
by such manufacturer or wholesaler.''.
Union Calendar No. 205
116th CONGRESS
1st Session
H. R. 1781
[Report No. 116-257, Part I]
_______________________________________________________________________
A BILL
To amend titles XVIII and XIX of the Social Security Act to provide the
Medicare Payment Advisory Commission and the Medicaid and CHIP Payment
and Access Commission with access to certain drug payment information,
including certain rebate information.
_______________________________________________________________________
October 28, 2019
Reported from the Committee on Energy and Commerce with an amendment
October 28, 2019
Committee on Ways and Means discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed