I 
116TH CONGRESS 
1ST SESSION H. R. 1781 
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 com-
mittee concerned 
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 Com-
mission with access to certain drug payment information, 
including certain rebate information. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Payment Commission 
Data Act of 2019’’. 
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SEC. 2. PROVIDING THE MEDICARE PAYMENT ADVISORY 
COMMISSION AND MEDICAID AND CHIP PAY-
MENT AND ACCESS COMMISSION WITH AC-
CESS TO CERTAIN DRUG PAYMENT INFORMA-
TION, INCLUDING CERTAIN REBATE INFOR-
MATION. 
(a) ACCESS TO CERTAIN PART D PAYMENT DATA.— 
Section 1860D–15(f) of the Social Security Act (42 
U.S.C. 1395w–115(f)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A)(ii), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; and’’; 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 recommenda-
tions, and analysis of the program under this 
title and by the Executive Director of the Med-
icaid and CHIP Payment and Access Commis-
sion for purposes of monitoring, making rec-
ommendations, and analysis of the Medicaid 
program established under title XIX and the 
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Children’s Health Insurance Program under 
title XXI.’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) ADDITIONAL
RESTRICTIONS
ON
DISCLO-
SURE OF INFORMATION.—The Executive Directors 
described in paragraph (2)(C) shall not disclose any 
of the following information disclosed to such Execu-
tive Directors or obtained by such Executive Direc-
tors pursuant to such paragraph, with respect to a 
prescription drug plan offered by a PDP sponsor: 
‘‘(A) The specific amounts or the identity 
of the source of any rebates, price concessions, 
or other forms of direct or indirect remunera-
tion under such prescription drug plan. 
‘‘(B) Information submitted with the bid 
submitted under section 1860D–11 by such 
PDP sponsor. 
‘‘(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 Regula-
tions, or any successor regulation, if made by 
the Centers for Medicare & Medicaid Services.’’. 
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(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)) is amended— 
(1) in the matter before clause (i), by striking 
‘‘subsection (a)(6)(A)(ii)’’ and inserting ‘‘subsection 
(a)(6)(A)’’; 
(2) in clause (iv), by striking ‘‘and’’ at the end; 
(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 Com-
mission and the Executive Director of the 
Medicaid and CHIP Payment and Access 
Commission to review the information pro-
vided.’’; 
(5) in the matter at the end, by striking 
‘‘1860D–4(c)(2)(E)’’ 
and 
inserting 
‘‘1860D– 
4(c)(2)(G)’’; and 
(6) by adding at the end the following new sen-
tence: ‘‘Any information disclosed to the Executive 
Director of the Medicare Payment Advisory Commis-
sion or the Executive Director of the Medicaid and 
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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.’’. 
Æ 
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