```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2963 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2963

To amend title XIX of the Social Security Act to require the Secretary 
 of Health and Human Services to make publicly available medicaid drug 
                          pricing information.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2000

   Mr. Bryan (for himself Mr. Graham, and Mr. Gorton) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL

 
To amend title XIX of the Social Security Act to require the Secretary 
 of Health and Human Services to make publicly available medicaid drug 
                          pricing information.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Awareness of Market-Based 
Drug Prices Act of 2000''.

SEC. 2. PUBLIC DISCLOSURE OF MARKET-BASED DRUG PRICING INFORMATION.

    (a) In General.--Section 1927(b)(3)(D) of the Social Security Act 
(42 U.S.C. 1396r-8(b)(3)(D)) is amended to read as follows:
                    ``(D) Public availability of information.--
                            ``(i) Timely availability of information.--
                        Notwithstanding any other provision of law, 
                        with respect to a manufacturer with an 
                        agreement in effect under this section, not 
                        later than 30 days after the date the Secretary 
                        receives from such manufacturer the information 
                        required to be reported under this paragraph 
                        (or verifies such information with a 
                        wholesaler), the Secretary shall make the 
                        information described in clause (ii), including 
                        the identity of the manufacturer to which the 
                        information applies, publicly available through 
                        the Internet or other means of communication.
                            ``(ii) Information described.--The 
                        information described in this clause is the 
                        following:
                                    ``(I) Average manufacturer's 
                                price.--The average manufacturer price 
                                (as defined in subsection (k)(1)) for 
                                each of the manufacturer's covered 
                                outpatient drugs.
                                    ``(II) Best price.--With respect to 
                                single source drugs and innovator 
                                multiple source drugs, the 
                                manufacturer's best price (as defined 
                                in subsection (c)(1)(C)) for each of 
                                the manufacturer's covered outpatient 
                                drugs.
                                    ``(III) Base average manufacturer 
                                price and initial average manufacturer 
                                price for newly marketed drugs used to 
                                determine an additional rebate for 
                                single source and innovator multiple 
                                source drugs.--The average manufacturer 
                                price described in subparagraphs 
                                (A)(ii)(II) (without regard to the 
                                percentage increase determined under 
                                that subparagraph) and (B) of 
                                subsection (c)(2) for each dosage form 
                                and strength of a single source drug or 
                                an innovator multiple source drug used 
                                to determine, with respect to a rebate 
                                period, an additional rebate for such 
                                dosage form and strength for such a 
                                drug.
                            ``(iii) Nondisclosure of certain 
                        information.--Notwithstanding any other 
                        provision of law, information disclosed by 
                        manufacturers (or verified with wholesalers) 
                        under an agreement with the Secretary of 
                        Veterans Affairs described in subsection 
                        (a)(6)(A) may not be disclosed except--
                                    ``(I) as the Secretary determines 
                                to be necessary to carry out this 
                                section;
                                    ``(II) to permit the Comptroller 
                                General to review the information 
                                provided; or
                                    ``(III) to permit the Director of 
                                the Congressional Budget Office to 
                                review the information provided.
                            ``(iv) Rule of construction.--Nothing in 
                        this subparagraph shall be construed as 
                        affecting any requirement applicable to the 
                        Secretary of Veterans Affairs regarding the 
                        confidentiality of information required to be 
                        disclosed to the Secretary of Veterans Affairs 
                        by a manufacturer under section 8126 of title 
                        38, United States Code.''.
    (b) Effective Date; Implementation.--
            (1) Effective date.--The amendments made by subsection (a) 
        take effect upon the date of enactment of this Act and apply to 
        the most recent reported price information under section 
        1927(b)(3) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)) 
        as of such date, and all such information reported under such 
        section after such date.
            (2) Additional period for implementation.--Notwithstanding 
        the 30-day requirement for the public availability of market-
        based drug pricing information under section 1927(b)(3)(D)(i) 
        of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(D)(i)), 
        with respect to the initial public availability of such 
        information, the Secretary of Health and Human Services shall 
        have up to 90 days from the date of the enactment of this Act 
        in which to make such information so available.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out section 
1927(b)(3)(D) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(D)), 
as amended by section 2(a), such sums as may be necessary to carry out 
such section. Amounts appropriated pursuant to this section shall be in 
addition to amounts otherwise appropriated to carry out title XIX of 
such Act (42 U.S.C. 1396 et seq.).
                                 <all>
```