[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1589 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1589
To provide for transparency of funds appropriated for purposes of
implementing part E of title XI of the Social Security Act.
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IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Tillis (for himself, Mr. McConnell, Mr. Crapo, Mr. Daines, and Mrs.
Blackburn) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide for transparency of funds appropriated for purposes of
implementing part E of title XI of the Social Security Act.
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 ``Safeguarding Patients and Taxpayers
Act''.
SEC. 2. OVERSIGHT OF USE OF IMPLEMENTATION FUNDING FOR DRUG PRICE
NEGOTIATION PROGRAM.
Part E of title XI of the Social Security Act (42 U.S.C. 1320f) is
amended by adding at the end the following new section:
``SEC. 1199. REPORTS ON USE OF IMPLEMENTATION FUNDING.
``(a) Reports.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section and not less frequently than
annually thereafter for as long as funding is available under
section 11004 of Public Law 117-169, the Secretary shall submit
to the Committees on Energy and Commerce, Ways and Means, and
Appropriations of the House of Representatives and the
Committees on Finance and Appropriations of the Senate a
comprehensive report on the amounts expended, the use of such
funds, and the projected and actual unused funds, from amounts
appropriated under such section 11004 during the preceding
year. Each report under this subsection shall include--
``(A) any relevant information with respect to
contracting relationships and entities, including
associated contracts, criteria for selection of
contracts, and procedures for monitoring the use of
funds and compliance with program requirements by
contractors and subcontractors;
``(B) a description of efforts the Secretary has
undertaken to prevent fraud, waste, and abuse related
to accessing maximum fair prices, including any
violations involving entities or individuals not
eligible to have access to the maximum fair price for a
selected drug, violations related to dispensing or
administering a selected drug to an individual who is
not a maximum fair price eligible individual, and
violations of duplicate discounts such as the
nonduplication provisions under section 1193(d);
``(C) the identification of any entity the
Secretary is contracting with to implement the program,
the extent to which contractors conduct health
technology assessments, the types of clinical and
economic outcomes and standards used in such
assessments, and the use of such assessments by the
Secretary;
``(D) a description of the average amount of funds,
full-time equivalent employees, and contractor staffing
and support expended under the program for negotiation
of the final maximum fair price established for a
selected drug, including a breakdown of expenditures
dedicated to employees as well as to contractors, and
how those expenditures are apportioned across various
activities;
``(E) the amount expended on development and
maintenance of a data confidentiality policy for
proprietary data as required under section 1193(c);
``(F) the amount expended on conducting research
and analysis or evaluating data and research from
external sources, including external stakeholders;
``(G) the amount expended to establish and maintain
safeguards to prevent fraud, waste, and abuse in the
program as described in paragraph (B); and
``(H) the amount of staff time and funds expended
under the program on resolving disputes with
manufacturers or other stakeholders over the accuracy
of data used by the Secretary and how such data is
interpreted by the Secretary.
``(2) Limitation.--The Secretary shall ensure that reports
under paragraph (1) do not disclose trade secrets or other
proprietary information.
``(b) Limitation on Use of Funding.--Except as otherwise provided
in this part, none of the funds provided under section 11004 of Public
Law 117-169 shall be available for obligation or expenditure through a
reprogramming or transfer of funds that--
``(1) creates a new program;
``(2) eliminates a program, project, or activity;
``(3) increases funds or personnel for any program,
project, or activity for which funds have been denied or
restricted by the Congress;
``(4) proposes to use funds directed for a specific
activity by this part for a different purpose;
``(5) creates or reorganizes offices, programs, or
activities not otherwise authorized under such section 11004;
or
``(6) tests a model under section 1115A.
``(c) Use of Existing Funding for Reports.--The Secretary shall use
funds appropriated under section 11004 of Public Law 117-169 to carry
out subsection (a).''.
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