H.R. 3682

Improving Transparency to Lower Drug Costs Act of 2021

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I

117th CONGRESS

1st Session

H. R. 3682

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 subsequently 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 manufacturers.

1.

Short title

This Act may be cited as the Improving Transparency to Lower Drug Costs Act of 2021.

2.

Public disclosure of drug discounts

Section 1150A of the Social Security Act (42 U.S.C. 1320b–23) is amended—

(1)

in subsection (c), in the matter preceding paragraph (1), by inserting (other than as permitted under subsection (e)) after disclosed by the Secretary; and

(2)

by adding at the end the following new subsection:

(e)

Public availability of certain information

(1)

In general

In order to allow the comparison of PBMs’ ability to negotiate rebates, discounts, direct and indirect remuneration fees, administrative fees, and price concessions and the amount of such rebates, discounts, direct and indirect remuneration fees, administrative fees, and price concessions that are passed through to plan sponsors, beginning January 1, 2022, the Secretary shall make available on the Internet website of the Department of Health and Human Services the information with respect to the second preceding calendar year provided to the Secretary on generic dispensing rates (as described in paragraph (1) of subsection (b)) and information provided to the Secretary under paragraphs (2) and (3) of such subsection that, as determined by the Secretary, is with respect to each PBM.

(2)

Availability of data

In carrying out paragraph (1), the Secretary shall ensure the following:

(A)

Confidentiality

The information described in such paragraph is displayed in a manner that prevents the disclosure of information, with respect to an individual drug or an individual plan, on rebates, discounts, direct and indirect remuneration fees, administrative fees, and price concessions.

(B)

Class of drug

The information described in such paragraph is made available by class of drug, using an existing classification system, but only if the class contains such number of drugs, as specified by the Secretary (but not fewer than three drugs), to ensure confidentiality of proprietary information or other information that is prevented to be disclosed under subparagraph (A).

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