II 

118TH CONGRESS 

2D SESSION S. 3573 

To amend title XVIII of the Social Security Act to increase data transparency 

for supplemental benefits under Medicare Advantage. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 10, 2024 

Mr. WARNER (for himself and Mrs. BLACKBURN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to increase 

data transparency for supplemental benefits under Medicare Advantage. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicare Advantage 

5 Supplemental Benefits Transparency Act’’. 

2 

•S 3573 IS

1 SEC. 2. INCREASING DATA TRANSPARENCY FOR SUPPLE2 MENTAL BENEFITS UNDER MEDICARE AD3 VANTAGE. 

4 (a) IN GENERAL.—Section 1857(e) of the Social Se5 curity Act (42 U.S.C. 1395w–27(e)) is amended by adding 

6 at the end the following new paragraph: 

7 ‘‘(6) REPORTING OF ENROLLEE-LEVEL DATA

8 ON SUPPLEMENTAL BENEFITS.— 

9 ‘‘(A) IN GENERAL.—Beginning with plan 

10 years beginning on or after January 1, 2027, a 

11 contract under this section with an MA organi12 zation shall require the organization to submit 

13 to the Secretary, for each MA plan offered by 

14 the organization, enrollee-level data on supple15 mental benefits (by item or service, or category 

16 of item or service, as determined appropriate by 

17 the Secretary, and national provider identifier, 

18 if available), including eligibility requirements 

19 for such benefits, the benefit category applica20 ble with respect to each such benefit, and data 

21 on utilization of and payments for such benefits 

22 (including the total amount spent by the plan 

23 for each enrollee who utilized such benefits and 

24 the total out-of-pocket cost per utilization for 

25 each enrollee). 

26 ‘‘(B) DATA ACCESS.— 

3 

•S 3573 IS

1 ‘‘(i) IN GENERAL.—Not later than 

2 January 1 of the year that is two years 

3 after the beginning of a plan year for 

4 which data is submitted under subpara5 graph (A), the Secretary shall— 

6 ‘‘(I) upon request, make such 

7 data available to individuals and enti8 ties for the purpose of conducting— 

9 ‘‘(aa) evaluations and other 

10 analyses to support the program 

11 under this title; and 

12 ‘‘(bb) other health care re13 lated research; and 

14 ‘‘(II) make available on the inter15 net website of the Centers for Medi16 care & Medicaid Services a public use 

17 data file containing such data in de18 identified form. 

19 ‘‘(ii) CONFIDENTIALITY.—In making 

20 data available under clause (i)(I), the Sec21 retary shall have in place procedures to 

22 safeguard the privacy and security of any 

23 individually identifiable enrollee informa24 tion. 

4 

•S 3573 IS

1 ‘‘(C) NONAPPLICATION OF PAPERWORK

2 REDUCTION ACT.—Chapter 35 of title 44, 

3 United States Code, shall not apply to data col4 lected under subparagraph (A).’’. 

5 (b) RULE OF CONSTRUCTION.—Nothing in the 

6 amendment made by this section shall affect the collection 

7 of information as proposed, or so finalized, pursuant to 

8 the notice entitled ‘‘Agency Information Collection Activi9 ties: Proposed Collection; Comment Request’’, published 

10 in the Federal Register on March 14, 2023 (88 Fed. Reg. 

11 15726). 

12 (c) IMPLEMENTATION FUNDING.—For the purposes 

13 of carrying out the amendment made by this section, there 

14 are appropriated, out of amounts in the Treasury not oth15 erwise appropriated, to the Secretary of Health and 

16 Human Services, $15,000,000 for fiscal year 2024, to re17 main available until expended. 

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