[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2115 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2115

    To amend title XI of the Social Security Act to provide greater 
       transparency of discounts provided by drug manufacturers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 8, 2019

Ms. Spanberger (for herself, Mr. Arrington, and Mr. Brendan F. Boyle of 
Pennsylvania) 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

_______________________________________________________________________

                                 A BILL


 
    To amend title XI of the Social Security Act to provide greater 
       transparency of discounts provided by drug manufacturers.

    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 ``Public Disclosure of Drug Discounts 
Act''.

SEC. 2. PUBLIC DISCLOSURE OF DRUG DISCOUNTS.

    Section 1150A of the Social Security Act (42 U.S.C. 1320b-23) is 
amended--
            (1) in subsection (c), in the matter preceding paragraph 
        (1), by inserting ``(other than as permitted under subsection 
        (e))'' after ``disclosed by the Secretary''; and
            (2) by adding at the end the following new subsection:
    ``(e) Public Availability of Certain Information.--
            ``(1) In general.--In order to allow the comparison of 
        PBMs' ability to negotiate rebates, discounts, and price 
        concessions and the amount of such rebates, discounts, and 
        price concessions that are passed through to plan sponsors, 
        beginning January 1, 2020, the Secretary shall make available 
        on the Internet website of the Department of Health and Human 
        Services the information with respect to the second preceding 
        calendar year provided to the Secretary on generic dispensing 
        rates (as described in paragraph (1) of subsection (b)) and 
        information provided to the Secretary under paragraphs (2) and 
        (3) of such subsection that, as determined by the Secretary, is 
        with respect to each PBM.
            ``(2) Availability of data.--In carrying out paragraph (1), 
        the Secretary shall ensure the following:
                    ``(A) Confidentiality.--The information described 
                in such paragraph is displayed in a manner that 
                prevents the disclosure of information on rebates, 
                discounts, and price concessions, with respect to an 
                individual drug or an individual plan.
                    ``(B) Class of drug.--The information described in 
                such paragraph is made available by class of drug, 
                using an existing classification system, but only if 
                the class contains such number of drugs, as specified 
                by the Secretary, to ensure confidentiality of 
                proprietary information or other information that is 
                prevented to be disclosed under subparagraph (A).''.
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