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117TH CONGRESS
1ST SESSION H. R. 3682
To amend title XI of the Social Security Act to provide greater transparency
for discounts provided by manufacturers.
IN THE HOUSE OF REPRESENTATIVES
JUNE 1, 2021
Ms. SPANBERGER (for herself and Mr. ARRINGTON) 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 sub-
sequently 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 for discounts provided by manufac-
turers.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Improving Trans-
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parency to Lower Drug Costs Act of 2021’’.
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SEC. 2. PUBLIC DISCLOSURE OF DRUG DISCOUNTS.
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Section 1150A of the Social Security Act (42 U.S.C.
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1320b–23) is amended—
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•HR 3682 IH
(1) in subsection (c), in the matter preceding
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paragraph (1), by inserting ‘‘(other than as per-
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mitted under subsection (e))’’ after ‘‘disclosed by the
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Secretary’’; and
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(2) by adding at the end the following new sub-
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section:
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‘‘(e) PUBLIC AVAILABILITY OF CERTAIN INFORMA-
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TION.—
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‘‘(1) IN GENERAL.—In order to allow the com-
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parison of PBMs’ ability to negotiate rebates, dis-
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counts, direct and indirect remuneration fees, ad-
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ministrative fees, and price concessions and the
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amount of such rebates, discounts, direct and indi-
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rect remuneration fees, administrative fees, and
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price concessions that are passed through to plan
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sponsors, beginning January 1, 2022, the Secretary
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shall make available on the Internet website of the
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Department of Health and Human Services the in-
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formation with respect to the second preceding cal-
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endar year provided to the Secretary on generic dis-
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pensing rates (as described in paragraph (1) of sub-
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section (b)) and information provided to the Sec-
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retary under paragraphs (2) and (3) of such sub-
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section that, as determined by the Secretary, is with
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respect to each PBM.
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•HR 3682 IH
‘‘(2) AVAILABILITY OF DATA.—In carrying out
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paragraph (1), the Secretary shall ensure the fol-
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lowing:
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‘‘(A) CONFIDENTIALITY.—The information
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described in such paragraph is displayed in a
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manner that prevents the disclosure of informa-
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tion, with respect to an individual drug or an
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individual plan, on rebates, discounts, direct
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and indirect remuneration fees, administrative
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fees, and price concessions.
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‘‘(B) CLASS OF DRUG.—The information
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described in such paragraph is made available
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by class of drug, using an existing classification
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system, but only if the class contains such num-
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ber of drugs, as specified by the Secretary (but
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not fewer than three drugs), to ensure confiden-
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tiality of proprietary information or other infor-
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mation that is prevented to be disclosed under
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subparagraph (A).’’.
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Æ
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