I 

117TH CONGRESS 

1ST SESSION H. R. 3682 

To amend title XI of the Social Security Act to provide greater transparency 

for discounts provided by manufacturers. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2021 

Ms. SPANBERGER (for herself and Mr. ARRINGTON) 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 

A BILL 

To amend title XI of the Social Security Act to provide 

greater transparency for discounts provided by manufacturers. 

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 ‘‘Improving Trans5 parency to Lower Drug Costs Act of 2021’’. 

6 SEC. 2. PUBLIC DISCLOSURE OF DRUG DISCOUNTS. 

7 Section 1150A of the Social Security Act (42 U.S.C. 

8 1320b–23) is amended— 


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1 (1) in subsection (c), in the matter preceding 

2 paragraph (1), by inserting ‘‘(other than as per3 mitted under subsection (e))’’ after ‘‘disclosed by the 

4 Secretary’’; and 

5 (2) by adding at the end the following new sub6 section: 

7 ‘‘(e) PUBLIC AVAILABILITY OF CERTAIN INFORMA8 TION.— 

9 ‘‘(1) IN GENERAL.—In order to allow the com10 parison of PBMs’ ability to negotiate rebates, dis11 counts, direct and indirect remuneration fees, ad12 ministrative fees, and price concessions and the 

13 amount of such rebates, discounts, direct and indi14 rect remuneration fees, administrative fees, and 

15 price concessions that are passed through to plan 

16 sponsors, beginning January 1, 2022, the Secretary 

17 shall make available on the Internet website of the 

18 Department of Health and Human Services the in19 formation with respect to the second preceding cal20 endar year provided to the Secretary on generic dis21 pensing rates (as described in paragraph (1) of sub22 section (b)) and information provided to the Sec23 retary under paragraphs (2) and (3) of such sub24 section that, as determined by the Secretary, is with 

25 respect to each PBM. 


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1 ‘‘(2) AVAILABILITY OF DATA.—In carrying out 

2 paragraph (1), the Secretary shall ensure the fol3 lowing: 

4 ‘‘(A) CONFIDENTIALITY.—The information 

5 described in such paragraph is displayed in a 

6 manner that prevents the disclosure of informa7 tion, with respect to an individual drug or an 

8 individual plan, on rebates, discounts, direct 

9 and indirect remuneration fees, administrative 

10 fees, and price concessions. 

11 ‘‘(B) CLASS OF DRUG.—The information 

12 described in such paragraph is made available 

13 by class of drug, using an existing classification 

14 system, but only if the class contains such num15 ber of drugs, as specified by the Secretary (but 

16 not fewer than three drugs), to ensure confiden17 tiality of proprietary information or other infor18 mation that is prevented to be disclosed under 

19 subparagraph (A).’’. 

Æ 


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