‘‘(cc) the average net spend-
ing per 30-day supply and per 
90-day supply, incurred by the 
plan and its participants and 
beneficiaries, among all drugs 
within the therapeutic class for 
which a claim was filed during 
the reporting period. 
‘‘(2) PRIVACY
REQUIREMENTS.—Entities pro-
viding pharmacy benefits management services on 
behalf of a group health plan shall provide informa-
tion under paragraph (1) in a manner consistent 
with the privacy, security, and breach notification 
regulations promulgated under section 264(c) of the 
Health Insurance Portability and Accountability Act 
of 1996, and shall restrict the use and disclosure of 
such information according to such privacy regula-
tions. 
‘‘(3) DISCLOSURE AND REDISCLOSURE.— 
‘‘(A) LIMITATION
TO
BUSINESS
ASSOCI-
ATES.—A group health plan receiving a report 
under paragraph (1) may disclose such informa-
tion only to business associates of such plan as 
defined in section 160.103 of title 45, Code of 
Federal Regulations (or successor regulations). 
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‘‘(B) CLARIFICATION REGARDING PUBLIC 
DISCLOSURE
OF
INFORMATION.—Nothing in 
this section prevents an entity providing phar-
macy benefits management services on behalf of 
a group health plan from placing reasonable re-
strictions on the public disclosure of the infor-
mation contained in a report described in para-
graph (1), except that such entity may not re-
strict disclosure of such report to the Depart-
ment of Health and Human Services, the De-
partment of Labor, the Department of the 
Treasury, the Comptroller General of the 
United States, or applicable State agencies. 
‘‘(C) LIMITED
FORM
OF
REPORT.—The 
Secretary shall define through rulemaking a 
limited form of the report under paragraph (1) 
required of plan administrators who are drug 
manufacturers, drug wholesalers, or other direct 
participants in the drug supply chain, in order 
to prevent anti-competitive behavior. 
‘‘(4) REPORT
TO
GAO.—An entity providing 
pharmacy benefits management services on behalf of 
a group health plan shall submit to the Comptroller 
General of the United States each of the first 4 re-
ports submitted to a plan administrator under para-
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graph (1) with respect to such plan, and other such 
reports as requested, in accordance with the privacy 
requirements under paragraph (2), the disclosure 
and redisclosure standards under paragraph (3), the 
standards specified pursuant to paragraph (5). 
‘‘(5) STANDARD
FORMAT.—Not later than 6 
months after the date of enactment of this section, 
the Secretary shall specify through rulemaking 
standards for entities required to submit reports 
under paragraph (4) to submit such reports in a 
standard format. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) FAILURE TO PROVIDE TIMELY INFORMA-
TION.—An entity providing pharmacy benefits man-
agement services that violates subsection (a) or fails 
to provide information required under subsection (b) 
shall be subject to a civil monetary penalty in the 
amount of $10,000 for each day during which such 
violation continues or such information is not dis-
closed or reported. 
‘‘(2) FALSE
INFORMATION.—An entity pro-
viding pharmacy benefits management services that 
knowingly provides false information under this sec-
tion shall be subject to a civil money penalty in an 
amount not to exceed $100,000 for each item of 
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false information. Such civil money penalty shall be 
in addition to other penalties as may be prescribed 
by law. 
‘‘(3) PROCEDURE.—The provisions of section 
1128A of the Social Security Act, other than sub-
section (a) and (b) and the first sentence of sub-
section (c)(1) of such section shall apply to civil 
monetary penalties under this subsection in the 
same manner as such provisions apply to a penalty 
or proceeding under section 1128A of the Social Se-
curity Act. 
‘‘(4) WAIVERS.—The Secretary may waive pen-
alties under paragraph (2), or extend the period of 
time for compliance with a requirement of this sec-
tion, for an entity in violation of this section that 
has made a good-faith effort to comply with this sec-
tion. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to permit a group health plan, or 
other entity to restrict disclosure to, or otherwise limit the 
access of, the Department of the Treasury to a report de-
scribed in subsection (b)(1) or information related to com-
pliance with subsection (a) by such plan or entity. 
‘‘(e) DEFINITIONS.—In this section: 
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‘‘(1) LARGE EMPLOYER.—The term ‘large em-
ployer’ means, in connection with a group health 
plan with respect to a calendar year and a plan year, 
an employer who employed an average of at least 50 
employees on business days during the preceding 
calendar year and who employs at least 1 employee 
on the first day of the plan year. 
‘‘(2) WHOLESALE
ACQUISITION
COST.—The 
term ‘wholesale acquisition cost’ has the meaning 
given such term in section 1847A(c)(6)(B) of the 
Social Security Act.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter B of chapter 100 of the Inter-
nal Revenue Code of 1986 is amended by adding at 
the end the following new item: 
‘‘Sec. 9826. Oversight of pharmacy benefits manager services.’’. 
SEC. 4. INFORMATION ON PRESCRIPTION DRUGS. 
(a) IN GENERAL.—Subpart B of part 7 of subtitle 
B of title I of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1185 et seq.), as amended by sec-
tion 3, is further amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 727. INFORMATION ON PRESCRIPTION DRUGS. 
‘‘(a) IN GENERAL.—A group health plan or a health 
insurance issuer offering group health insurance coverage 
shall— 
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‘‘(1) not restrict, directly or indirectly, any 
pharmacy that dispenses a prescription drug to a 
participant of beneficiary in the plan or coverage 
from informing (or penalize such pharmacy for in-
forming) a participant or beneficiary of any differen-
tial between the participant’s or beneficiary’s out-of- 
pocket cost under the plan or coverage with respect 
to acquisition of the drug and the amount an indi-
vidual would pay for acquisition of the drug without 
using any health plan or health insurance coverage; 
and 
‘‘(2) ensure that any entity that provides phar-
macy benefits management services under a contract 
with any such health plan or health insurance cov-
erage does not, with respect to such plan or cov-
erage, restrict, directly or indirectly, a pharmacy 
that dispenses a prescription drug from informing 
(or penalize such pharmacy for informing) a partici-
pant or beneficiary of any differential between the 
participant’s or beneficiary’s out-of-pocket cost 
under the plan or coverage with respect to acquisi-
tion of the drug and the amount an individual would 
pay for acquisition of the drug without using any 
health plan or health insurance coverage. 
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‘‘(b) DEFINITION.—For purposes of this section, the 
term ‘out-of-pocket cost’, with respect to acquisition of a 
drug, means the amount to be paid by the participant or 
beneficiary under the plan or coverage, including any cost- 
sharing (including any deductible, copayment, or coinsur-
ance) and, as determined by the Secretary, any other ex-
penditure.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1001 et seq.), as amended by sec-
tion 3, is further amended by inserting after the item re-
lating to section 726 the following new item: 
‘‘Sec. 727. Information on prescription drugs.’’. 
SEC. 5. ADVISORY COMMITTEE ON THE ACCESSIBILITY OF 
CERTAIN INFORMATION. 
(a) IN GENERAL.—Not later than January 1, 2025, 
the Secretary of Labor (in this section referred to as the 
‘‘Secretary’’) shall convene an Advisory Committee (in this 
section referred to as the ‘‘Committee’’) consisting of 9 
members to advise the Secretary on how to improve the 
accessibility and usability of information made available 
in accordance the amendments made by section 3 and by 
section 204 of division BB of the Consolidated Appropria-
tion Act, 2021 (Public Law 116–260), streamline the re-
porting of such information, and ensure that such infor-
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mation fully meets the needs of employers, patients, re-
searchers, regulators, and purchasers. 
(b) MEMBERSHIP.—The Secretary shall appoint 
members representing end-users of the information de-
scribed in subsection (a). Vacancies on the Committee 
shall be filled by appointment consistent with this sub-
section not later than 3 months after the vacancy arises. 
(c) 
TERMINATION.—The 
Committee 
established 
under this section shall terminate on January 1, 2028. 
Æ 
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