Prescription Drug Pricing Dashboard Act

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Prescription Drug 4 Pricing Dashboard Act’’. 5 SEC. 2. PRESCRIPTION DRUG PRICING DASHBOARD. 6 (a) IN GENERAL.—The Secretary of Health and 7 Human Services (referred to in this section as the ‘‘Sec- 8 retary’’) shall establish, and annually update, an inter- 9 VerDate Sep 11 2014 22:04 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S709.IS S709 kjohnson on DSK79L0C42 with BILLS 2 •S 709 IS active internet website-based dashboard, through which 1 patients, clinicians, researchers, and the public can review 2 information on the price and utilization of prescription 3 drugs purchased by Federal programs, and view pricing 4 trends over time. 5 (b) CONTENT.— 6 (1) GENERAL INFORMATION.—The internet 7 website established under subsection (a) shall pro- 8 vide at least the following information with respect 9 to a drug: 10 (A) The brand and generic name. 11 (B) Consumer-friendly information of the 12 drug’s uses and other relevant clinical informa- 13 tion. 14 (C) The manufacturer. 15 (D) For each Federal program (which 16 shall include the Medicare program under title 17 XVIII of the Social Security Act (42 U.S.C. 18 1395 et seq.), the Medicaid program under title 19 XIX of the Social Security Act (42 U.S.C. 1396 20 et seq.), the Federal Employees Health Benefits 21 Program established under chapter 89 of title 22 5, United States Code, and any other Federal 23 program, as determined by the Secretary), the 24 VerDate Sep 11 2014 22:04 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S709.IS S709 kjohnson on DSK79L0C42 with BILLS 3 •S 709 IS following information regarding program spend- 1 ing for each drug: 2 (i) The average Federal and, as appli- 3 cable State, spending per dosage unit in 4 the preceding 2 fiscal years. 5 (ii) The percentage change in spend- 6 ing on the drug per dosage unit from the 7 preceding year, and to the extent feasible, 8 from the preceding 5 to 10 fiscal years. 9 (iii) The change in average spending 10 per dosage unit in the preceding 2 fiscal 11 years. 12 (iv) The annual growth rate in aver- 13 age spending per dosage unit in the pre- 14 ceding 5 fiscal years. 15 (v) Total spending for the preceding 16 fiscal year. 17 (vi) The number of individuals receiv- 18 ing such drug under the program in the 19 preceding fiscal year. 20 (vii) Average spending on the drug 21 per beneficiary for the preceding fiscal 22 year. 23 (viii) With respect to a drug covered 24 under part B of such title XVIII the aver- 25 VerDate Sep 11 2014 22:04 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S709.IS S709 kjohnson on DSK79L0C42 with BILLS 4 •S 709 IS age sales price as determined under section 1 1847A of the Social Security Act (42 2 U.S.C. 1395w–3a) for the preceding fiscal 3 year. 4 (ix) Consumer-friendly information 5 about the average, highest, and lowest out- 6 of-pocket cost for the drug (such as copay- 7 ment or coinsurance amounts) for an indi- 8 vidual enrolled in a State plan under such 9 title XIX or the Medicare program under 10 such title XVIII (including parts B and D 11 of such title) in the preceding fiscal year or 12 in the preceding plan year in the case of 13 part D of such title, including such costs 14 under such part before, during, and after 15 the coverage gap described in subpara- 16 graphs (C) and (D) section 1860D–2(b)(2) 17 of the Social Security Act (42 U.S.C. 18 1395w–102(b)(2)). 19 (x) Such additional information per- 20 taining to Federal expenditures on, or con- 21 sumer out-of-pocket costs for, drugs, as 22 the Secretary determines appropriate. 23 (2) HIGHLIGHTED DRUGS.—The Secretary shall 24 identify, in a separate element of the dashboard— 25 VerDate Sep 11 2014 22:04 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S709.IS S709 kjohnson on DSK79L0C42 with BILLS 5 •S 709 IS (A) for each Federal program described in 1 paragraph (1)(D), the 15 drugs with the high- 2 est total program spending, including, for drugs 3 covered under the Medicaid program, the me- 4 dian State spending per dosage unit; 5 (B) the 15 drugs with the highest total 6 Federal spending across all such Federal pro- 7 grams; 8 (C) any drugs with annual per-user spend- 9 ing under any such program, based on claims 10 data analysis, that, for the first reporting year 11 is $10,000 or more per user, and, in subsequent 12 reporting years, is priced at or above the rate, 13 as determined by the Secretary, that is 14 $10,000, increased by the medical care con- 15 sumer price index; and 16 (D) the drugs ranked among the top 10 17 highest unit costs increases (if not already iden- 18 tified) for any such Federal program. 19 (3) DATA FILES.—The interactive internet 20 website-based dashboard described in this subsection 21 shall include machine-readable data files. 22 (4) ADDITIONAL INFORMATION.—The Secretary 23 may include such additional information (not other- 24 wise prohibited in law from being disclosed) on the 25 VerDate Sep 11 2014 22:04 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S709.IS S709 kjohnson on DSK79L0C42 with BILLS 6 •S 709 IS website-based dashboard that would provide pa- 1 tients, clinicians, researchers, and the public with in- 2 formation about prescription drugs and their prices 3 as the Secretary determines appropriate. 4 (c) PLAN TO INCORPORATE DATA FROM OTHER 5 PROGRAMS.— 6 (1) EXPANSION OF DASHBOARD.—Within 2 7 years of the date of enactment of the Prescription 8 Drug Pricing Dashboard Act, the Secretary shall 9 submit to the Committee on Finance, the Committee 10 on Health, Education, Labor, and Pensions, the 11 Committee on Armed Services, the Committee on 12 Veterans’ Affairs, and the Special Committee on 13 Aging of the Senate and the Committee on Ways 14 and Means, the Committee on Energy and Com- 15 merce, the Committee on Armed Services, and the 16 Committee on Veterans’ Affairs of the House of 17 Representatives, a report that includes a plan to ex- 18 pand the dashboard under this section to include 19 data on Federal expenditures on, and patient out-of- 20 pocket costs for, drugs under the TRICARE pro- 21 gram, the health program of the Department of Vet- 22 erans Affairs, and qualified health plans purchased 23 through an American Health Benefits Exchange or 24 other private health insurance coverage. 25 VerDate Sep 11 2014 22:04 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S709.IS S709 kjohnson on DSK79L0C42 with BILLS 7 •S 709 IS (2) CONSULTATION.—In preparing the report 1 in paragraph (1), the Secretary shall consult with 2 the Secretary of Defense and the Secretary of Vet- 3 erans Affairs. 4 Æ VerDate Sep 11 2014 22:04 Mar 18, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S709.IS S709 kjohnson on DSK79L0C42 with BILLS