IB 

Union Calendar No. 205 

116TH CONGRESS 

1ST SESSION H. R. 1781 

[Report No. 116–257, Part I] 

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 HOUSE OF REPRESENTATIVES 

MARCH 14, 2019 

Mr. CARTER of Georgia (for himself, Mr. O’HALLERAN, Mr. RICE of South 

Carolina, Mr. PANETTA, Mr. GIANFORTE, and Mr. WELCH) 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 

OCTOBER 28, 2019 

Additional sponsors: Mr. PALLONE, Mr. RUIZ, Mr. RUSH, Mrs. DINGELL, Ms. 

ESHOO, Mr. KENNEDY, Ms. MATSUI, Mr. BILIRAKIS, Mr. VAN DREW, 

Ms. SCHAKOWSKY, Mr. WALDEN, Ms. CLARKE of New York, Mr. 

BURCHETT, Ms. MUCARSEL-POWELL, Mr. KIM, Mr. CASTEN of Illinois, 

Mr. CONNOLLY, Mr. CISNEROS, Mrs. WAGNER, Ms. UNDERWOOD, Mr. 

STANTON, Ms. SLOTKIN, Ms. CRAIG, and Ms. SPANBERGER

Reported from the Committee on Energy and Commerce with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

OCTOBER 28, 2019 

Committee on Ways and Means discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on March 14, 2019] 


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•HR 1781 RH

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. 


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•HR 1781 RH

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 ‘‘Payment Commission 

5 Data Act of 2019’’. 

6 SEC. 2. PROVIDING THE MEDICARE PAYMENT ADVISORY 

7 COMMISSION AND MEDICAID AND CHIP PAY8 MENT AND ACCESS COMMISSION WITH AC9 CESS TO CERTAIN DRUG PAYMENT INFORMA10 TION, INCLUDING CERTAIN REBATE INFOR11 MATION. 

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

13 Section 1860D–15(f) of the Social Security Act (42 U.S.C. 

14 1395w–115(f)) is amended— 

15 (1) in paragraph (2)— 

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

17 ‘‘and’’ at the end; 

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

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

20 (C) by inserting at the end the following 

21 new subparagraph: 

22 ‘‘(C) by the Executive Director of the Medi23 care Payment Advisory Commission for purposes 

24 of monitoring, making recommendations, and 

25 analysis of the program under this title and by 


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•HR 1781 RH

1 the Executive Director of the Medicaid and 

2 CHIP Payment and Access Commission for pur3 poses of monitoring, making recommendations, 

4 and analysis of the Medicaid program estab5 lished under title XIX and the Children’s Health 

6 Insurance Program under title XXI.’’; and 

7 (2) by adding at the end the following new para8 graph: 

9 ‘‘(3) ADDITIONAL RESTRICTIONS ON DISCLOSURE

10 OF INFORMATION.—The Executive Directors described 

11 in paragraph (2)(C) shall not disclose any of the fol12 lowing information disclosed to such Executive Direc13 tors or obtained by such Executive Directors pursuant 

14 to such paragraph, with respect to a prescription 

15 drug plan offered by a PDP sponsor or an MA–PD 

16 plan offered by an MA organization: 

17 ‘‘(A) The specific amounts or the identity of 

18 the source of any rebates, discounts, price conces19 sions, or other forms of direct or indirect remu20 neration under such prescription drug plan or 

21 such MA–PD plan. 

22 ‘‘(B) Information submitted with the bid 

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

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

25 MA organization. 


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•HR 1781 RH

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

2 prescription drug event records, in a form that 

3 would not be permitted under section 423.505(m) 

4 of title 42, Code of Federal Regulations, or any 

5 successor regulation, if made by the Centers for 

6 Medicare & Medicaid Services.’’. 

7 (b) ACCESS TO CERTAIN REBATE AND PAYMENT DATA

8 UNDER MEDICARE AND MEDICAID.—Section 1927(b)(3)(D) 

9 of the Social Security Act (42 U.S.C. 1396r–8(b)(3)(D)) is 

10 amended— 

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

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

13 (a)(6)(A)’’; 

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

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

16 end and inserting ‘‘, and’’; 

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

18 new clause: 

19 ‘‘(vi) to permit the Executive Director 

20 of the Medicare Payment Advisory Commis21 sion and the Executive Director of the Med22 icaid and CHIP Payment and Access Com23 mission to review the information pro24 vided.’’; 


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•HR 1781 RH

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

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

3 4(c)(2)(G)’’; and 

4 (6) by adding at the end the following new sen5 tence: ‘‘Any information disclosed to the Executive 

6 Director of the Medicare Payment Advisory Commis7 sion or the Executive Director of the Medicaid and 

8 CHIP Payment and Access Commission pursuant to 

9 this subparagraph shall not be disclosed by either 

10 such Executive Director in a form which discloses the 

11 identity of a specific manufacturer or wholesaler or 

12 prices charged for drugs by such manufacturer or 

13 wholesaler.’’. 


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Union Calendar No. 205 

116TH CONGRESS 

1ST SESSION H. R. 1781 

[Report No. 116–257, Part I] 

A BILL 

To amend titles XVIII and XIX of the Social Secutain rebate information. certain drug payment information, including cer- Payment and Access Commission with access to sory Commission and the Medicaid and CHIP rity Act to provide the Medicare Payment AdviOCTOBER 28, 2019 

Reported from the Committee on Energy and Commerce 

O

with an amendment 

CTOBER 28, 2019 

Committee on Ways and Means discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


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