IIB 

116TH CONGRESS 

1ST SESSION H. R. 1781 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2019 

Received; read twice and referred to the Committee on Finance 

AN ACT 

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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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Payment Commission 

3 Data Act of 2019’’. 

4 SEC. 2. PROVIDING THE MEDICARE PAYMENT ADVISORY 

5 COMMISSION AND MEDICAID AND CHIP PAY6 MENT AND ACCESS COMMISSION WITH AC7 CESS TO CERTAIN DRUG PAYMENT INFORMA8 TION, INCLUDING CERTAIN REBATE INFOR9 MATION. 

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

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

12 U.S.C. 1395w–115(f)) is amended— 

13 (1) in paragraph (2)— 

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

15 ‘‘and’’ at the end; 

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

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

18 (C) by inserting at the end the following 

19 new subparagraph: 

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

21 Medicare Payment Advisory Commission for 

22 purposes of monitoring, making recommenda23 tions, and analysis of the program under this 

24 title and by the Executive Director of the Med25 icaid and CHIP Payment and Access Commis26 sion for purposes of monitoring, making recVerDate Sep 11 2014 00:43 Oct 30, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1781.RFS H1781

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1 ommendations, and analysis of the Medicaid 

2 program established under title XIX and the 

3 Children’s Health Insurance Program under 

4 title XXI.’’; and 

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

6 paragraph: 

7 ‘‘(3) ADDITIONAL RESTRICTIONS ON DISCLO8 SURE OF INFORMATION.—The Executive Directors 

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

10 of the following information disclosed to such Execu11 tive Directors or obtained by such Executive Direc12 tors pursuant to such paragraph, with respect to a 

13 prescription drug plan offered by a PDP sponsor or 

14 an MA–PD plan offered by an MA organization: 

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

16 of the source of any rebates, discounts, price 

17 concessions, or other forms of direct or indirect 

18 remuneration under such prescription drug plan 

19 or such MA–PD plan. 

20 ‘‘(B) Information submitted with the bid 

21 submitted under section 1860D–11(b) by such 

22 PDP sponsor or under section 1854(a) by such 

23 MA organization. 

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

25 prescription drug event records, in a form that 


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1 would not be permitted under section 

2 423.505(m) of title 42, Code of Federal Regula3 tions, or any successor regulation, if made by 

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

5 (b) ACCESS TO CERTAIN REBATE AND PAYMENT

6 DATA UNDER MEDICARE AND MEDICAID.—Section 

7 1927(b)(3)(D) of the Social Security Act (42 U.S.C. 

8 1396r–8(b)(3)(D)) is amended— 

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

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

11 (a)(6)(A)’’; 

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

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

14 end and inserting ‘‘, and’’; 

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

16 new clause: 

17 ‘‘(vi) to permit the Executive Director 

18 of the Medicare Payment Advisory Com19 mission and the Executive Director of the 

20 Medicaid and CHIP Payment and Access 

21 Commission to review the information pro22 vided.’’; 

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

24 ‘‘1860D–4(c)(2)(E)’’ and inserting ‘‘1860D– 

25 4(c)(2)(G)’’; and 


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1 (6) by adding at the end the following new sen2 tence: ‘‘Any information disclosed to the Executive 

3 Director of the Medicare Payment Advisory Commis4 sion or the Executive Director of the Medicaid and 

5 CHIP Payment and Access Commission pursuant to 

6 this subparagraph shall not be disclosed by either 

7 such Executive Director in a form which discloses 

8 the identity of a specific manufacturer or wholesaler 

9 or prices charged for drugs by such manufacturer or 

10 wholesaler.’’. 

Passed the House of Representatives October 28, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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