II 

116TH CONGRESS 

1ST SESSION S. 801 

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 Commission with access to certain drug payment 

information, including certain rebate information. 

IN THE SENATE OF THE UNITED STATES 

MARCH 14, 2019 

Ms. CORTEZ MASTO (for herself, Mr. CORNYN, Mr. CARPER, and Mr. CASSIDY) introduced the following bill; which was read twice and referred to 

the Committee on Finance 

A BILL 

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 Commission with access to certain drug payment information, 

including certain rebate information. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•S 801 IS

1 SECTION 1. PROVIDING THE MEDICARE PAYMENT ADVI2 SORY COMMISSION AND MEDICAID AND CHIP 

3 PAYMENT AND ACCESS COMMISSION WITH 

4 ACCESS TO CERTAIN DRUG PAYMENT INFOR5 MATION, INCLUDING CERTAIN REBATE IN6 FORMATION. 

7 (a) ACCESS TO CERTAIN PART D PAYMENT DATA.— 

8 Section 1860D–15(f) of the Social Security Act (42 

9 U.S.C. 1395w–115(f)) is amended— 

10 (1) in paragraph (2)— 

11 (A) in subparagraph (A)(ii), by striking 

12 ‘‘and’’ at the end; 

13 (B) in subparagraph (B), by striking the 

14 period at the end and inserting ‘‘; and’’; and 

15 (C) by inserting at the end the following 

16 new subparagraph: 

17 ‘‘(C) by the Executive Director of the 

18 Medicare Payment Advisory Commission for 

19 purposes of monitoring, making recommenda20 tions, and analysis of the program under this 

21 title and by the Executive Director of the Med22 icaid and CHIP Payment and Access Commis23 sion for purposes of monitoring, making rec24 ommendations, and analysis of the Medicaid 

25 program established under title XIX and the 


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1 Children’s Health Insurance Program under 

2 title XXI.’’; and 

3 (2) by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) ADDITIONAL RESTRICTIONS ON DISCLO6 SURE OF INFORMATION.—The Executive Directors 

7 described in paragraph (2)(C) shall not disclose any 

8 of the following information disclosed to such Execu9 tive Directors or obtained by such Executive Direc10 tors pursuant to such paragraph, with respect to a 

11 prescription drug plan offered by a PDP sponsor: 

12 ‘‘(A) The specific amounts or the identity 

13 of the source of any rebates, price concessions, 

14 or other forms of direct or indirect remunera15 tion under such prescription drug plan. 

16 ‘‘(B) Information submitted with the bid 

17 submitted under section 1860D–11 by such 

18 PDP sponsor. 

19 ‘‘(C) In the case of such information from 

20 prescription drug event records, in a form that 

21 would not be permitted under section 

22 423.505(m) of title 42, Code of Federal Regula23 tions, or any successor regulation, if made by 

24 the Centers for Medicare & Medicaid Services.’’. 


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1 (b) ACCESS TO CERTAIN REBATE AND PAYMENT

2 DATA UNDER MEDICARE AND MEDICAID.—Section 

3 1927(b)(3)(D) of the Social Security Act (42 U.S.C. 

4 1396r–8(b)(3)(D)) is amended— 

5 (1) in the matter before clause (i), by striking 

6 ‘‘subsection (a)(6)(A)(ii)’’ and inserting ‘‘subsection 

7 (a)(6)(A)’’; 

8 (2) in clause (iv), by striking ‘‘and’’ at the end; 

9 (3) in clause (v), by striking the period at the 

10 end and inserting ‘‘, and’’; 

11 (4) by inserting after clause (v) the following 

12 new clause: 

13 ‘‘(vi) to permit the Executive Director 

14 of the Medicare Payment Advisory Com15 mission and the Executive Director of the 

16 Medicaid and CHIP Payment and Access 

17 Commission to review the information pro18 vided.’’; 

19 (5) in the matter at the end, by striking 

20 ‘‘1860D–4(c)(2)(E)’’ and inserting ‘‘1860D– 

21 4(c)(2)(G)’’; and 

22 (6) by adding at the end the following new sen23 tence: ‘‘Any information disclosed to the Executive 

24 Director of the Medicare Payment Advisory Commis25 sion or the Executive Director of the Medicaid and 


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1 CHIP Payment and Access Commission pursuant to 

2 this subparagraph shall not be disclosed by either 

3 such Executive Director in a form which discloses 

4 the identity of a specific manufacturer or wholesaler 

5 or prices charged for drugs by such manufacturer or 

6 wholesaler.’’. 

Æ 


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