Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
II
118TH CONGRESS
1ST SESSION
S. 1182
To amend the Public Health Service Act to increase the transparency and
accountability of the drug discount program, and for other purposes.
IN THE SENATE OF THE UNITED STATES
APRIL 18, 2023
Mr. KENNEDY introduced the following bill; which was read twice and referred
to the Committee on Health, Education, Labor, and Pensions
A BILL
To amend the Public Health Service Act to increase the
transparency and accountability of the drug discount pro-
gram, and for other purposes.
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 ‘‘340B Reporting and
4
Accountability Act’’.
5
SEC. 2. REQUIREMENT TO PROVIDE DRUG DISCOUNTS TO
6
PATIENTS.
7
(a) IN GENERAL.—Section 340B(a)(5) of the Public
8
Health Service Act (42 U.S.C. 256b(a)(5)) is amended—
9
VerDate Sep 11 2014
20:20 Apr 20, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S1182.IS
S1182
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•S 1182 IS
(1) in subparagraph (C), by striking ‘‘subpara-
1
graphs (A) or (B)’’ and inserting ‘‘subparagraph
2
(A), (B), or (E)’’;
3
(2) in subparagraph (D), by striking ‘‘subpara-
4
graphs (A) or (B)’’ and inserting ‘‘subparagraph
5
(A), (B), or (E)’’; and
6
(3) by adding at the end the following:
7
‘‘(E) REQUIREMENT
TO
PROVIDE
DRUG
8
DISCOUNTS
TO
PATIENTS.—A covered entity
9
shall ensure that each patient who receives a
10
covered outpatient drug from such covered enti-
11
ty is provided such drug at a price that does
12
not exceed the price at which the covered entity
13
purchased the drug in accordance with para-
14
graph (1), less any additional discounts or re-
15
bates received by the covered entity with respect
16
to the drug.’’.
17
(b) REPORTING REQUIREMENTS
FOR DRUG DIS-
18
COUNT PROGRAM.—Section 340B(d)(2)(B) of the Public
19
Health Service Act (42 U.S.C. 256b(d)(2)(B)) is amended
20
by adding at the end the following:
21
‘‘(vi)(I) Not later than 1 year after
22
the date of enactment of the 340B Report-
23
ing and Accountability Act, the develop-
24
ment of procedures to require each covered
25
VerDate Sep 11 2014
20:20 Apr 20, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S1182.IS
S1182
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•S 1182 IS
entity to report to the Secretary, not less
1
frequently than annually, information on—
2
‘‘(aa) the total amount paid by
3
the covered entity during the report-
4
ing period for covered outpatient
5
drugs under subsection (a);
6
‘‘(bb) the total amount received
7
by the covered entity during the re-
8
porting period for such covered out-
9
patient drugs; and
10
‘‘(cc) if a covered entity receives
11
any revenue as a result of charging a
12
price for a covered outpatient drug
13
that exceeds the price at which the
14
covered entity purchased the drug,
15
how the covered entity spent such rev-
16
enue.
17
‘‘(II) The Secretary shall make the in-
18
formation reported under subclause (I)
19
publicly available.’’.
20
Æ
VerDate Sep 11 2014
20:20 Apr 20, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\S1182.IS
S1182
pbinns on DSKJLVW7X2PROD with $$_JOB