rates and with discounts that are specified in such 
contract. 
‘‘(h) ACCESS TO PBM CONTRACT INFORMATION.— 
‘‘(1) IN GENERAL.—Under a PBM carrier ar-
rangement, at the request of the Office of Personnel 
Management, a PBM shall provide to the Office and 
to the Inspector General of the Office of Personnel 
Management full access to information relating to 
contracts entered into by such PBM under such ar-
rangement (such as PBM manufacturer contracts 
and PBM contracts with pharmacies). Such informa-
tion shall include— 
‘‘(A) companywide rebate receipt aging re-
ports that cover all of the PBM’s lines of busi-
ness; 
‘‘(B) information and methodology used to 
calculate and allocate rebates between the 
PBM’s lines of business; 
‘‘(C) information on average wholesale 
prices, wholesale acquisition costs, and max-
imum allowable costs; 
‘‘(D) information on dispensing fees paid; 
and 
VerDate Sep 11 2014 
02:40 May 12, 2015
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2175.IH
H2175
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(E) information and methodologies used 
to calculate additional administrative and serv-
ice fees charged to the carrier. 
‘‘(2) CONFIDENTIALITY.—Information provided 
by a PBM under this subsection is confidential and 
shall not be disclosed by the Office, except that 
nothing in this paragraph shall prevent— 
‘‘(A) a disclosure required under the In-
spector General Act of 1978; or 
‘‘(B) any disclosure which the Office, in its 
sole discretion, considers necessary in order to 
carry out this section, if such disclosure is made 
in a form which does not disclose the identity 
of a specific PBM or carrier or the price 
charged for a particular prescription drug. 
‘‘(3) EXEMPTION FROM FOIA.—Any information 
obtained under this subsection shall be exempt from 
disclosure under section 552. 
‘‘(4) DEFINITIONS.—For purposes of this sub-
section— 
‘‘(A) GENERIC DRUG.—The term ‘generic 
drug’ means a drug approved pursuant to an 
abbreviated application submitted under section 
505(j) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 355(j)). 
VerDate Sep 11 2014 
02:40 May 12, 2015
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2175.IH
H2175
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(B) MAXIMUM
ALLOWABLE
COST.—The 
term ‘maximum allowable cost’ means a cost 
that is set by a PBM as the upper payment 
limit on the ingredient costs for a generic drug. 
‘‘(C) WHOLESALE
ACQUISITION
COST.— 
The term ‘wholesale acquisition cost’ means a 
publicly available list price for sales of a drug 
by a manufacturer to a wholesaler. 
‘‘(i) TREATMENT OF NON-COMPLIANCE.— 
‘‘(1) IN GENERAL.—Under a PBM carrier ar-
rangement, a PBM that knowingly provides false in-
formation to a carrier related to a claim made to 
such carrier by the PBM under such arrangement 
shall be treated, for purposes of chapter 37 of title 
31, in the same manner as a person that makes a 
false claim to the United States Government under 
section 3729 of such chapter. 
‘‘(2) USE
OF
COLLECTIONS.—Any monetary 
penalty collected under paragraph (1) shall be de-
posited into the Employees Health Benefits Fund 
under section 8909. 
‘‘(3) ADDITIONAL
PENALTIES.—Any penalties 
resulting from the application of paragraph (1) shall 
be in addition to any other penalties available to the 
VerDate Sep 11 2014 
02:40 May 12, 2015
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2175.IH
H2175
emcdonald on DSK67QTVN1PROD with BILLS
Office of Personnel Management under law or regu-
lation. 
‘‘(j) NO APPLICATION TO COMMUNITY-RATED CAR-
RIERS.—The provisions of this section and section 
8902(p) of this title— 
‘‘(1) shall apply to experience-rated carriers; 
and 
‘‘(2) shall not apply to carriers that use rates 
based on a per member per month capitation 
amount. 
‘‘(k) LIMITATION OF APPLICATION TO PRESCRIPTION 
DRUGS.—The provisions of this section and section 
8902(p) of this title shall not be construed to apply to 
drugs that are not prescription drugs. 
‘‘(l) GENERAL DEFINITIONS.—For purposes of this 
section and section 8902(p) of this title: 
‘‘(1) DISPENSING FEE.—The term ‘dispensing 
fee’ means a fee paid to a pharmacy for the service 
of filling or dispensing prescriptions and excludes 
any payment for the cost of the drug dispensed. 
‘‘(2) DRUG
SUBSTITUTION.—The term ‘drug 
substitution’ means any change from one prescrip-
tion drug to another prescription drug that is in-
tended to address or treat the same illness or condi-
tion. 
VerDate Sep 11 2014 
02:40 May 12, 2015
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2175.IH
H2175
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(3) PBM CARRIER ARRANGEMENT.—The term 
‘PBM carrier arrangement’ means a contract be-
tween a PBM and a carrier for the provision or ad-
ministration of a program of prescription drug cov-
erage under a health benefits plan under this chap-
ter. Such a contract may provide, among other du-
ties, for the PBM to— 
‘‘(A) process and pay prescription drug 
claims; 
‘‘(B) provide programs and services de-
signed to— 
‘‘(i) maximize the effectiveness of pre-
scription drugs dispensed under such plan; 
or 
‘‘(ii) contain prescription drug ex-
penditures under such plan; and 
‘‘(C) engage in other activities related to 
the administration of such prescription drug 
coverage. 
‘‘(4) PBM MANUFACTURER
CONTRACT.—The 
term ‘PBM manufacturer contract’ means a contract 
between a PBM and a prescription drug manufac-
turer for the provision of prescription drugs to en-
rollees of health benefits plans with prescription 
VerDate Sep 11 2014 
02:40 May 12, 2015
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2175.IH
H2175
emcdonald on DSK67QTVN1PROD with BILLS
drug coverage that is administered or provided by 
the PBM. 
‘‘(5) PHARMACY
BENEFIT
MANAGER; PBM.— 
The terms ‘pharmacy benefit manager’ and ‘PBM’ 
mean an entity that contracts with a carrier to pro-
vide or administer prescription drug coverage under 
a health benefits plan under this chapter.’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for chapter 89 of title 5, United States Code, is amended 
by adding at the end the following: 
‘‘8915. Requirements for PBM arrangements.’’. 
(d) EFFECTIVE DATE; WAIVER; REGULATIONS.— 
(1) EFFECTIVE DATE.—The amendments made 
by this section shall apply to contract years begin-
ning on or after January 1, 2016. 
(2) WAIVER.—The Office of Personnel Manage-
ment may waive the application of 1 or more of the 
requirements of section 8915 of title 5, United 
States Code, but only for contract year 2016. 
(3) EXPEDITING IMPLEMENTATION OF REGULA-
TIONS.—Not later than 6 months after the date of 
the enactment of this Act, the Office of Personnel 
Management shall issue interim final regulations to 
carry out this section which may be effective and 
final immediately on an interim basis as of the date 
of publication of such regulations. If the Office pro-
VerDate Sep 11 2014 
02:40 May 12, 2015
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2175.IH
H2175
emcdonald on DSK67QTVN1PROD with BILLS
vides for an interim final regulation, the Office shall 
provide for a period of public comment on such reg-
ulation after the date of publication. The Office may 
change or revise such regulation after completion of 
the period of public comment. 
Æ 
VerDate Sep 11 2014 
02:40 May 12, 2015
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6301
E:\BILLS\H2175.IH
H2175
emcdonald on DSK67QTVN1PROD with BILLS