340B Reporting and Accountability Act

Subjects: Health


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1182 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1182

To amend the Public Health Service Act to increase the transparency and 
  accountability of the drug discount program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2023

  Mr. Kennedy introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to increase the transparency and 
  accountability of the drug discount program, and for other purposes.

    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 ``340B Reporting and Accountability 
Act''.

SEC. 2. REQUIREMENT TO PROVIDE DRUG DISCOUNTS TO PATIENTS.

    (a) In General.--Section 340B(a)(5) of the Public Health Service 
Act (42 U.S.C. 256b(a)(5)) is amended--
            (1) in subparagraph (C), by striking ``subparagraphs (A) or 
        (B)'' and inserting ``subparagraph (A), (B), or (E)'';
            (2) in subparagraph (D), by striking ``subparagraphs (A) or 
        (B)'' and inserting ``subparagraph (A), (B), or (E)''; and
            (3) by adding at the end the following:
                    ``(E) Requirement to provide drug discounts to 
                patients.--A covered entity shall ensure that each 
                patient who receives a covered outpatient drug from 
                such covered entity is provided such drug at a price 
                that does not exceed the price at which the covered 
                entity purchased the drug in accordance with paragraph 
                (1), less any additional discounts or rebates received 
                by the covered entity with respect to the drug.''.
    (b) Reporting Requirements for Drug Discount Program.--Section 
340B(d)(2)(B) of the Public Health Service Act (42 U.S.C. 
256b(d)(2)(B)) is amended by adding at the end the following:
                            ``(vi)(I) Not later than 1 year after the 
                        date of enactment of the 340B Reporting and 
                        Accountability Act, the development of 
                        procedures to require each covered entity to 
                        report to the Secretary, not less frequently 
                        than annually, information on--
                                    ``(aa) the total amount paid by the 
                                covered entity during the reporting 
                                period for covered outpatient drugs 
                                under subsection (a);
                                    ``(bb) the total amount received by 
                                the covered entity during the reporting 
                                period for such covered outpatient 
                                drugs; and
                                    ``(cc) if a covered entity receives 
                                any revenue as a result of charging a 
                                price for a covered outpatient drug 
                                that exceeds the price at which the 
                                covered entity purchased the drug, how 
                                the covered entity spent such revenue.
                            ``(II) The Secretary shall make the 
                        information reported under subclause (I) 
                        publicly available.''.
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