[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3573 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3573

   To amend title XVIII of the Social Security Act to increase data 
    transparency for supplemental benefits under Medicare Advantage.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 10, 2024

 Mr. Warner (for himself and Mrs. Blackburn) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To amend title XVIII of the Social Security Act to increase data 
    transparency for supplemental benefits under Medicare Advantage.

    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 ``Medicare Advantage Supplemental 
Benefits Transparency Act''.

SEC. 2. INCREASING DATA TRANSPARENCY FOR SUPPLEMENTAL BENEFITS UNDER 
              MEDICARE ADVANTAGE.

    (a) In General.--Section 1857(e) of the Social Security Act (42 
U.S.C. 1395w-27(e)) is amended by adding at the end the following new 
paragraph:
            ``(6) Reporting of enrollee-level data on supplemental 
        benefits.--
                    ``(A) In general.--Beginning with plan years 
                beginning on or after January 1, 2027, a contract under 
                this section with an MA organization shall require the 
                organization to submit to the Secretary, for each MA 
                plan offered by the organization, enrollee-level data 
                on supplemental benefits (by item or service, or 
                category of item or service, as determined appropriate 
                by the Secretary, and national provider identifier, if 
                available), including eligibility requirements for such 
                benefits, the benefit category applicable with respect 
                to each such benefit, and data on utilization of and 
                payments for such benefits (including the total amount 
                spent by the plan for each enrollee who utilized such 
                benefits and the total out-of-pocket cost per 
                utilization for each enrollee).
                    ``(B) Data access.--
                            ``(i) In general.--Not later than January 1 
                        of the year that is two years after the 
                        beginning of a plan year for which data is 
                        submitted under subparagraph (A), the Secretary 
                        shall--
                                    ``(I) upon request, make such data 
                                available to individuals and entities 
                                for the purpose of conducting--
                                            ``(aa) evaluations and 
                                        other analyses to support the 
                                        program under this title; and
                                            ``(bb) other health care 
                                        related research; and
                                    ``(II) make available on the 
                                internet website of the Centers for 
                                Medicare & Medicaid Services a public 
                                use data file containing such data in 
                                de-identified form.
                            ``(ii) Confidentiality.--In making data 
                        available under clause (i)(I), the Secretary 
                        shall have in place procedures to safeguard the 
                        privacy and security of any individually 
                        identifiable enrollee information.
                    ``(C) Nonapplication of paperwork reduction act.--
                Chapter 35 of title 44, United States Code, shall not 
                apply to data collected under subparagraph (A).''.
    (b) Rule of Construction.--Nothing in the amendment made by this 
section shall affect the collection of information as proposed, or so 
finalized, pursuant to the notice entitled ``Agency Information 
Collection Activities: Proposed Collection; Comment Request'', 
published in the Federal Register on March 14, 2023 (88 Fed. Reg. 
15726).
    (c) Implementation Funding.--For the purposes of carrying out the 
amendment made by this section, there are appropriated, out of amounts 
in the Treasury not otherwise appropriated, to the Secretary of Health 
and Human Services, $15,000,000 for fiscal year 2024, to remain 
available until expended.
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