Payment Commission Data Act of 2019

IIB 116TH CONGRESS 1ST SESSION H. R. 1781 IN THE SENATE OF THE UNITED STATES OCTOBER 29, 2019 Received; read twice and referred to the Committee on Finance AN ACT To amend titles XVIII and XIX of the Social Security Act to provide the Medicare Payment Advisory Commission and the Medicaid and CHIP Payment and Access Com- mission with access to certain drug payment information, including certain rebate information. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:43 Oct 30, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1781.RFS H1781 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 1781 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Payment Commission 2 Data Act of 2019’’. 3 SEC. 2. PROVIDING THE MEDICARE PAYMENT ADVISORY 4 COMMISSION AND MEDICAID AND CHIP PAY- 5 MENT AND ACCESS COMMISSION WITH AC- 6 CESS TO CERTAIN DRUG PAYMENT INFORMA- 7 TION, INCLUDING CERTAIN REBATE INFOR- 8 MATION. 9 (a) ACCESS TO CERTAIN PART D PAYMENT DATA.— 10 Section 1860D–15(f) of the Social Security Act (42 11 U.S.C. 1395w–115(f)) is amended— 12 (1) in paragraph (2)— 13 (A) in subparagraph (A)(ii), by striking 14 ‘‘and’’ at the end; 15 (B) in subparagraph (B), by striking the 16 period at the end and inserting ‘‘; and’’; and 17 (C) by inserting at the end the following 18 new subparagraph: 19 ‘‘(C) by the Executive Director of the 20 Medicare Payment Advisory Commission for 21 purposes of monitoring, making recommenda- 22 tions, and analysis of the program under this 23 title and by the Executive Director of the Med- 24 icaid and CHIP Payment and Access Commis- 25 sion for purposes of monitoring, making rec- 26 VerDate Sep 11 2014 00:43 Oct 30, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1781.RFS H1781 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 1781 RFS ommendations, and analysis of the Medicaid 1 program established under title XIX and the 2 Children’s Health Insurance Program under 3 title XXI.’’; and 4 (2) by adding at the end the following new 5 paragraph: 6 ‘‘(3) ADDITIONAL RESTRICTIONS ON DISCLO- 7 SURE OF INFORMATION.—The Executive Directors 8 described in paragraph (2)(C) shall not disclose any 9 of the following information disclosed to such Execu- 10 tive Directors or obtained by such Executive Direc- 11 tors pursuant to such paragraph, with respect to a 12 prescription drug plan offered by a PDP sponsor or 13 an MA–PD plan offered by an MA organization: 14 ‘‘(A) The specific amounts or the identity 15 of the source of any rebates, discounts, price 16 concessions, or other forms of direct or indirect 17 remuneration under such prescription drug plan 18 or such MA–PD plan. 19 ‘‘(B) Information submitted with the bid 20 submitted under section 1860D–11(b) by such 21 PDP sponsor or under section 1854(a) by such 22 MA organization. 23 ‘‘(C) In the case of such information from 24 prescription drug event records, in a form that 25 VerDate Sep 11 2014 00:43 Oct 30, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1781.RFS H1781 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 1781 RFS would not be permitted under section 1 423.505(m) of title 42, Code of Federal Regula- 2 tions, or any successor regulation, if made by 3 the Centers for Medicare & Medicaid Services.’’. 4 (b) ACCESS TO CERTAIN REBATE AND PAYMENT 5 DATA UNDER MEDICARE AND MEDICAID.—Section 6 1927(b)(3)(D) of the Social Security Act (42 U.S.C. 7 1396r–8(b)(3)(D)) is amended— 8 (1) in the matter before clause (i), by striking 9 ‘‘subsection (a)(6)(A)(ii)’’ and inserting ‘‘subsection 10 (a)(6)(A)’’; 11 (2) in clause (iv), by striking ‘‘and’’ at the end; 12 (3) in clause (v), by striking the period at the 13 end and inserting ‘‘, and’’; 14 (4) by inserting after clause (v) the following 15 new clause: 16 ‘‘(vi) to permit the Executive Director 17 of the Medicare Payment Advisory Com- 18 mission and the Executive Director of the 19 Medicaid and CHIP Payment and Access 20 Commission to review the information pro- 21 vided.’’; 22 (5) in the matter at the end, by striking 23 ‘‘1860D–4(c)(2)(E)’’ and inserting ‘‘1860D– 24 4(c)(2)(G)’’; and 25 VerDate Sep 11 2014 00:43 Oct 30, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1781.RFS H1781 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 1781 RFS (6) by adding at the end the following new sen- 1 tence: ‘‘Any information disclosed to the Executive 2 Director of the Medicare Payment Advisory Commis- 3 sion or the Executive Director of the Medicaid and 4 CHIP Payment and Access Commission pursuant to 5 this subparagraph shall not be disclosed by either 6 such Executive Director in a form which discloses 7 the identity of a specific manufacturer or wholesaler 8 or prices charged for drugs by such manufacturer or 9 wholesaler.’’. 10 Passed the House of Representatives October 28, 2019. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 00:43 Oct 30, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1781.RFS H1781 pamtmann on DSKBC07HB2PROD with BILLS