Payment Commission Data Act of 2019

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. Short title This Act may be cited as the Payment Commission Data Act of 2019 2. Providing the Medicare Payment Advisory Commission and Medicaid and CHIP Payment and Access Commission with access to certain drug payment information, including certain rebate information (a) Access to certain part D payment data Section 1860D–15(f) of the Social Security Act ( 42 U.S.C. 1395w–115(f) (1) in paragraph (2)— (A) in subparagraph (A)(ii), by striking and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by inserting at the end the following new subparagraph: (C) by the Executive Director of the Medicare Payment Advisory Commission for purposes of monitoring, making recommendations, and analysis of the program under this title and by the Executive Director of the Medicaid and CHIP Payment and Access Commission for purposes of monitoring, making recommendations, and analysis of the Medicaid program established under title XIX and the Children’s Health Insurance Program under title XXI. ; and (2) by adding at the end the following new paragraph: (3) Additional restrictions on disclosure of information The Executive Directors described in paragraph (2)(C) shall not disclose any of the following information disclosed to such Executive Directors or obtained by such Executive Directors pursuant to such paragraph, with respect to a prescription drug plan offered by a PDP sponsor or an MA–PD plan offered by an MA organization: (A) The specific amounts or the identity of the source of any rebates, discounts, price concessions, or other forms of direct or indirect remuneration under such prescription drug plan or such MA–PD plan. (B) Information submitted with the bid submitted under section 1860D–11(b) by such PDP sponsor or under section 1854(a) by such MA organization. (C) In the case of such information from prescription drug event records, in a form that would not be permitted under section 423.505(m) of title 42, Code of Federal Regulations, or any successor regulation, if made by the Centers for Medicare & Medicaid Services. . (b) Access to certain rebate and payment data under Medicare and Medicaid Section 1927(b)(3)(D) of the Social Security Act ( 42 U.S.C. 1396r–8(b)(3)(D) (1) in the matter before clause (i), by striking subsection (a)(6)(A)(ii) subsection (a)(6)(A) (2) in clause (iv), by striking and (3) in clause (v), by striking the period at the end and inserting , and (4) by inserting after clause (v) the following new clause: (vi) to permit the Executive Director of the Medicare Payment Advisory Commission and the Executive Director of the Medicaid and CHIP Payment and Access Commission to review the information provided. ; (5) in the matter at the end, by striking 1860D–4(c)(2)(E) 1860D–4(c)(2)(G) (6) by adding at the end the following new sentence: Any information disclosed to the Executive Director of the Medicare Payment Advisory Commission or the Executive Director of the Medicaid and CHIP Payment and Access Commission pursuant to this subparagraph shall not be disclosed by either such Executive Director in a form which discloses the identity of a specific manufacturer or wholesaler or prices charged for drugs by such manufacturer or wholesaler. October 28, 2019 Reported from the Committee on Energy and Commerce 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

Summary: Payment Commission Data Act of 2019 This bill allows certain payment information relating to covered drugs under the Medicare prescription drug benefit and Medicaid to be disclosed to additional entities. Specifically, certain subsidy and rebate information, as reported by prescription drug plan sponsors and drug manufacturers, may be disclosed to the Medicare Payment Advisory Commission and the Medicaid and Children's Health Insurance Program (CHIP) Payment and Access Commission, in accordance with specified confidentiality restrictions.