I 
116TH CONGRESS 
1ST SESSION H. R. 5239 
To require reporting on prescription drug expenditures under group health 
plans and on prescription drug price changes, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 21, 2019 
Mr. JOYCE of Ohio introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To require reporting on prescription drug expenditures under 
group health plans and on prescription drug price 
changes, and for other purposes. 
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 ‘‘Prescription Drug 
Price Reporting Act’’. 
SEC. 2. PRESCRIPTION DRUG PRICE REPORTING REQUIRE-
MENTS. 
(a) SUBMISSION OF DATA.— 
(1) IN GENERAL.—Each manufacturer of a pre-
scription drug shall submit to the Secretary, elec-
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tronically, in such manner as the Secretary may re-
quire, by April 1 of each year, a list of each such 
drug that is marketed in the United States and, 
with respect to each such drug, all of the following 
information with respect to the previous year: 
(A) Each applicable National Drug Code 
(or J–Code). 
(B) Brand name. 
(C) Generic name and chemical name, as 
applicable. 
(D) Therapeutic class or classes, as appli-
cable. 
(E) Current wholesale acquisition cost per 
30-day supply or typical course of treatment. 
(F) Average wholesale acquisition cost for 
the drug per 30-day supply or typical course of 
treatment during the previous calendar year, or, 
in the case of a drug that has been marketed 
for only a portion of such year, during the por-
tion of time in such year that the drug was 
marketed. 
(G) Average net price per 30-day supply or 
typical course of treatment, during the previous 
calendar year, or, in the case of a drug that has 
been marketed for only a portion of such year, 
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during the portion of time in such year that the 
drug was marketed, taking into account all dis-
counts, rebates, and other fees or payments to 
health insurance plans or pharmacy benefit 
managers with respect to sales of the drug to 
individuals covered by such a plan. 
(H) Total rebates and other payments to 
health insurance plans or pharmacy benefit 
managers, per 30-day supply or typical course 
of treatment, with respect to individuals covered 
by such a plan, during the previous calendar 
year, or, in the case of a drug that has been 
marketed for only a portion of such calendar 
year, during the portion of time in such cal-
endar year that the drug was marketed. 
(2) TIMELINE FOR INITIAL SUBMISSION.— 
(A) DRUGS
MARKETED
BEFORE
DECEM-
BER
31, 2020.—Each manufacturer of a pre-
scription drug that is marketed at any time 
during calendar year 2020, shall submit to the 
Secretary, not later than April 1, 2021— 
(i) the information required under 
paragraph (1); and 
(ii) in addition to the information re-
quired under subparagraphs (F), (G), and 
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(H) of paragraph (1), such average whole-
sale acquisition cost, average net price, and 
total rebates and other payments, de-
scribed in each of such subparagraphs, re-
spectively, with respect to the calendar 
year immediately preceding the calendar 
year for which such information is required 
to be reported under such subparagraphs 
(F), (G), and (H). 
(B) SUBSEQUENTLY MARKETED DRUGS.— 
With respect to a prescription drug that is first 
marketed after December 31, 2020, each manu-
facturer of such a drug shall submit the infor-
mation required under subparagraphs (A) 
through (E) of paragraph (1) not later than 60 
days after the date on which the drug is first 
marketed, and shall submit annual reports of 
all of the information required under paragraph 
(1) beginning on the first annual reporting date 
that is more than 30 days after the date on 
which the drug is first marketed. 
(b) ADVANCE
NOTIFICATION
OF
PRESCRIPTION 
DRUG PRICING CHANGES.— 
(1) IN GENERAL.—Each manufacturer of a pre-
scription drug shall report to the Secretary, elec-
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tronically, in such manner as the Secretary may re-
quire, any increase or decrease in the wholesale ac-
quisition cost of a prescription drug not later than 
30 days prior to the date on which the price change 
takes effect. 
(2) CONTENT.—A price change report under 
paragraph (1) shall include— 
(A) the information required under sub-
paragraphs (A), (B), (C), (D), and (F) of sub-
section (a)(1); 
(B) the wholesale acquisition cost per 30- 
day supply or typical course of treatment imme-
diately prior to the price change; 
(C) the new wholesale acquisition cost per 
30-day supply or typical course of treatment, 
when the change takes effect; and 
(D) financial and non-financial factors the 
manufacturer took into consideration when 
making the price change, including any changes 
or improvements to the drug. 
(c) PUBLIC DATABASE.— 
(1) IN GENERAL.—The Secretary shall establish 
an internet-based system to post prescription drug 
information reported under subsection (a) and price 
change reports required under subsection (b). 
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(2) CONSUMER SUBSCRIPTION OPTIONS.—The 
system established under paragraph (1) shall enable 
consumers to subscribe to price change notifica-
tions— 
(A) for— 
(i) all drugs; 
(ii) a particular drug; or 
(iii) a particular therapeutic class of 
drugs; and 
(B) that are limited to price changes that 
are at or over a specified amount. 
(3) TIMING.—The prescription drug informa-
tion reported under subsection (a) shall be made 
publicly available not later than 30 days after being 
reported to the Secretary. In the case of a price 
change report required under subsection (b), the 
Secretary shall make publicly available a notice of 
the price change contained in such report on the day 
such change takes effect. 
(d) PRIVACY PROTECTIONS.—The information sub-
mitted under subparagraphs (A) through (F) of subsection 
(a)(1) and paragraph (2)(A)(ii) shall be publicly available 
through the database established under subsection (c). No 
other information submitted to the Secretary pursuant to 
subsection (a) or (b) that is proprietary, confidential, or 
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trade secret information shall be included in such data-
base. 
(e) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘manufacturer’’ has the meaning 
given such term in section 581 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 360eee); 
(2) the term ‘‘prescription drug’’ means a drug 
approved section 505 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 355) or a biological 
product licensed under section 351 of the Public 
Health Service Act (42 U.S.C. 262) that is subject 
to section 503(b)(1) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 353(b)(1)); 
(3) the term ‘‘Secretary’’ means the Secretary 
of Health and Human Services; and 
(4) the term ‘‘wholesale acquisition cost’’ has 
the 
meaning 
given 
such 
term 
in 
section 
1847A(c)(6)(B) of the Social Security Act (42 
U.S.C. 1395w–3a (c)(6)(B)). 
(f) PREEMPTION.—Effective on the date that the 
public database under subsection (b)(3) first becomes 
operational, no State or political subdivision of a State 
may establish or continue in effect any law requiring the 
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manufacturer to report or make public prescription drug 
pricing information. 
Æ 
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