IB 
Union Calendar No. 205 
116TH CONGRESS 
1ST SESSION H. R. 1781 
[Report No. 116–257, Part I] 
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 
OCTOBER 28, 2019 
Additional sponsors: Mr. PALLONE, Mr. RUIZ, Mr. RUSH, Mrs. DINGELL, Ms. 
ESHOO, Mr. KENNEDY, Ms. MATSUI, Mr. BILIRAKIS, Mr. VAN DREW, 
Ms. SCHAKOWSKY, Mr. WALDEN, Ms. CLARKE of New York, Mr. 
BURCHETT, Ms. MUCARSEL-POWELL, Mr. KIM, Mr. CASTEN of Illinois, 
Mr. CONNOLLY, Mr. CISNEROS, Mrs. WAGNER, Ms. UNDERWOOD, Mr. 
STANTON, Ms. SLOTKIN, Ms. CRAIG, and Ms. SPANBERGER 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
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 
[For text of introduced bill, see copy of bill as introduced on March 14, 2019] 
VerDate Sep 11 2014 
23:14 Oct 28, 2019
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H1781.RH
H1781
khammond on DSKJM1Z7X2PROD with BILLS
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. 
VerDate Sep 11 2014 
23:02 Oct 28, 2019
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H1781.RH
H1781
khammond on DSKJM1Z7X2PROD with BILLS
the Executive Director of the Medicaid and 
CHIP Payment and Access Commission for pur-
poses of monitoring, making recommendations, 
and analysis of the Medicaid program estab-
lished under title XIX and the Children’s Health 
Insurance Program under title XXI.’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(3) ADDITIONAL RESTRICTIONS ON DISCLOSURE 
OF INFORMATION.—The Executive Directors described 
in paragraph (2)(C) shall not disclose any of the fol-
lowing information disclosed to such Executive Direc-
tors 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 conces-
sions, or other forms of direct or indirect remu-
neration 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. 
VerDate Sep 11 2014 
23:02 Oct 28, 2019
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H1781.RH
H1781
khammond on DSKJM1Z7X2PROD with BILLS
‘‘(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)) 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 Commis-
sion and the Executive Director of the Med-
icaid and CHIP Payment and Access Com-
mission to review the information pro-
vided.’’; 
VerDate Sep 11 2014 
23:02 Oct 28, 2019
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H1781.RH
H1781
khammond on DSKJM1Z7X2PROD with BILLS
(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 
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.’’. 
VerDate Sep 11 2014 
23:02 Oct 28, 2019
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H1781.RH
H1781
khammond on DSKJM1Z7X2PROD with BILLS
VerDate Sep 11 2014 
23:02 Oct 28, 2019
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H1781.RH
H1781
khammond on DSKJM1Z7X2PROD with BILLS
Union Calendar No. 205 
116TH CONGRESS 
1ST SESSION 
H. R. 1781 
[Report No. 116–257, Part I] 
A BILL 
To amend titles XVIII and XIX of the Social Secu-
rity Act to provide the Medicare Payment Advi-
sory Commission and the Medicaid and CHIP 
Payment and Access Commission with access to 
certain drug payment information, including cer-
tain rebate information. 
OCTOBER 28, 2019 
Reported from the Committee on Energy and Commerce 
with an amendment 
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 
VerDate Sep 11 2014 
23:02 Oct 28, 2019
Jkt 099200
PO 00000
Frm 00008
Fmt 6651
Sfmt 6651
E:\BILLS\H1781.RH
H1781
khammond on DSKJM1Z7X2PROD with BILLS