[Congressional Record Volume 167, Number 41 (Thursday, March 4, 2021)]
[Senate]
[Page S1211]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 980. Mr. BRAUN submitted an amendment intended to be proposed to 
amendment SA 891 proposed by Mr. Schumer to the bill H.R. 1319, to 
provide for reconciliation pursuant to title II of S. Con. Res. 5; 
which was ordered to lie on the table; as follows:

       At the end of section 2801 of the amendment, add the 
     following:
       (c) Transparency in Coverage.--Section 1311(e)(3) of the 
     Patient Protection and Affordable Care Act (42 U.S.C. 
     18031(e)(3)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (vii), by inserting before the period the 
     following: ``, including, for all items and services covered 
     under the plan, aggregate information on specific payments 
     the plan has made to out-of-network health care providers on 
     behalf of plan enrollees''; and
       (B) by designating clause (ix) as clause (x); and
       (C) by inserting after clause (viii), the following:
       ``(ix) Information on the specific negotiated payment rates 
     between the plan and health care providers for all items and 
     services covered under the plan.'';
       (2) in subparagraph (B)--
       (A) in the heading, by striking ``use'' and inserting 
     ``delivery methods and use'';
       (B) by inserting ``, as applicable,'' after ``English 
     proficiency''; and
       (C) by inserting after the second sentence, the following: 
     ``The Secretary shall establish standards for electronic 
     delivery and access to such information by individuals, free 
     of charge, in machine readable format, through an internet 
     website and via open APIs.'';
       (3) in subparagraph (C)--
       (A) in the first sentence, by inserting ``or out-of-network 
     provider'' after ``item or service by a participating 
     provider'';
       (B) in the second sentence, by striking ``through an 
     internet website'' and inserting ``free of charge, in machine 
     readable format, through an internet website, and via open 
     APIs, in accordance with standards established by the 
     Secretary,''; and
       (C) by adding at the end the following: ``Such information 
     shall include specific negotiated rates that allow for 
     comparison between providers and across plans, and related to 
     a patient's specific plan, including after an enrollee has 
     exceeded their deductible responsibility.''; and
       (4) in subparagraph (D) by striking ``subparagraph (A)'' 
     and inserting ``subparagraphs (A), (B), and (C)''.
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