[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 709 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 709

  To establish an interactive dashboard to allow the public to review 
    information on the price and utilization of prescription drugs 
                     purchased by Federal programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2019

Mr. Casey (for himself and Ms. Collins) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To establish an interactive dashboard to allow the public to review 
    information on the price and utilization of prescription drugs 
                     purchased by Federal programs.

    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 ``Prescription Drug Pricing Dashboard 
Act''.

SEC. 2. PRESCRIPTION DRUG PRICING DASHBOARD.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall establish, and 
annually update, an interactive internet website-based dashboard, 
through which patients, clinicians, researchers, and the public can 
review information on the price and utilization of prescription drugs 
purchased by Federal programs, and view pricing trends over time.
    (b) Content.--
            (1) General information.--The internet website established 
        under subsection (a) shall provide at least the following 
        information with respect to a drug:
                    (A) The brand and generic name.
                    (B) Consumer-friendly information of the drug's 
                uses and other relevant clinical information.
                    (C) The manufacturer.
                    (D) For each Federal program (which shall include 
                the Medicare program under title XVIII of the Social 
                Security Act (42 U.S.C. 1395 et seq.), the Medicaid 
                program under title XIX of the Social Security Act (42 
                U.S.C. 1396 et seq.), the Federal Employees Health 
                Benefits Program established under chapter 89 of title 
                5, United States Code, and any other Federal program, 
                as determined by the Secretary), the following 
                information regarding program spending for each drug:
                            (i) The average Federal and, as applicable 
                        State, spending per dosage unit in the 
                        preceding 2 fiscal years.
                            (ii) The percentage change in spending on 
                        the drug per dosage unit from the preceding 
                        year, and to the extent feasible, from the 
                        preceding 5 to 10 fiscal years.
                            (iii) The change in average spending per 
                        dosage unit in the preceding 2 fiscal years.
                            (iv) The annual growth rate in average 
                        spending per dosage unit in the preceding 5 
                        fiscal years.
                            (v) Total spending for the preceding fiscal 
                        year.
                            (vi) The number of individuals receiving 
                        such drug under the program in the preceding 
                        fiscal year.
                            (vii) Average spending on the drug per 
                        beneficiary for the preceding fiscal year.
                            (viii) With respect to a drug covered under 
                        part B of such title XVIII the average sales 
                        price as determined under section 1847A of the 
                        Social Security Act (42 U.S.C. 1395w-3a) for 
                        the preceding fiscal year.
                            (ix) Consumer-friendly information about 
                        the average, highest, and lowest out-of-pocket 
                        cost for the drug (such as copayment or 
                        coinsurance amounts) for an individual enrolled 
                        in a State plan under such title XIX or the 
                        Medicare program under such title XVIII 
                        (including parts B and D of such title) in the 
                        preceding fiscal year or in the preceding plan 
                        year in the case of part D of such title, 
                        including such costs under such part before, 
                        during, and after the coverage gap described in 
                        subparagraphs (C) and (D) section 1860D-2(b)(2) 
                        of the Social Security Act (42 U.S.C. 1395w-
                        102(b)(2)).
                            (x) Such additional information pertaining 
                        to Federal expenditures on, or consumer out-of-
                        pocket costs for, drugs, as the Secretary 
                        determines appropriate.
            (2) Highlighted drugs.--The Secretary shall identify, in a 
        separate element of the dashboard--
                    (A) for each Federal program described in paragraph 
                (1)(D), the 15 drugs with the highest total program 
                spending, including, for drugs covered under the 
                Medicaid program, the median State spending per dosage 
                unit;
                    (B) the 15 drugs with the highest total Federal 
                spending across all such Federal programs;
                    (C) any drugs with annual per-user spending under 
                any such program, based on claims data analysis, that, 
                for the first reporting year is $10,000 or more per 
                user, and, in subsequent reporting years, is priced at 
                or above the rate, as determined by the Secretary, that 
                is $10,000, increased by the medical care consumer 
                price index; and
                    (D) the drugs ranked among the top 10 highest unit 
                costs increases (if not already identified) for any 
                such Federal program.
            (3) Data files.--The interactive internet website-based 
        dashboard described in this subsection shall include machine-
        readable data files.
            (4) Additional information.--The Secretary may include such 
        additional information (not otherwise prohibited in law from 
        being disclosed) on the website-based dashboard that would 
        provide patients, clinicians, researchers, and the public with 
        information about prescription drugs and their prices as the 
        Secretary determines appropriate.
    (c) Plan To Incorporate Data From Other Programs.--
            (1) Expansion of dashboard.--Within 2 years of the date of 
        enactment of the Prescription Drug Pricing Dashboard Act, the 
        Secretary shall submit to the Committee on Finance, the 
        Committee on Health, Education, Labor, and Pensions, the 
        Committee on Armed Services, the Committee on Veterans' 
        Affairs, and the Special Committee on Aging of the Senate and 
        the Committee on Ways and Means, the Committee on Energy and 
        Commerce, the Committee on Armed Services, and the Committee on 
        Veterans' Affairs of the House of Representatives, a report 
        that includes a plan to expand the dashboard under this section 
        to include data on Federal expenditures on, and patient out-of-
        pocket costs for, drugs under the TRICARE program, the health 
        program of the Department of Veterans Affairs, and qualified 
        health plans purchased through an American Health Benefits 
        Exchange or other private health insurance coverage.
            (2) Consultation.--In preparing the report in paragraph 
        (1), the Secretary shall consult with the Secretary of Defense 
        and the Secretary of Veterans Affairs.
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