I 
116TH CONGRESS 
1ST SESSION H. R. 2115 
To amend title XI of the Social Security Act to provide greater transparency 
of discounts provided by drug manufacturers. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 8, 2019 
Ms. SPANBERGER (for herself, Mr. ARRINGTON, and Mr. BRENDAN F. BOYLE 
of Pennsylvania) 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 committee concerned 
A BILL 
To amend title XI of the Social Security Act to provide 
greater transparency of discounts provided by drug man-
ufacturers. 
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 ‘‘Public Disclosure of 
Drug Discounts Act’’. 
SEC. 2. PUBLIC DISCLOSURE OF DRUG DISCOUNTS. 
Section 1150A of the Social Security Act (42 U.S.C. 
1320b–23) is amended— 
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(1) in subsection (c), in the matter preceding 
paragraph (1), by inserting ‘‘(other than as per-
mitted under subsection (e))’’ after ‘‘disclosed by the 
Secretary’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e) PUBLIC AVAILABILITY OF CERTAIN INFORMA-
TION.— 
‘‘(1) IN GENERAL.—In order to allow the com-
parison of PBMs’ ability to negotiate rebates, dis-
counts, and price concessions and the amount of 
such rebates, discounts, and price concessions that 
are passed through to plan sponsors, beginning Jan-
uary 1, 2020, the Secretary shall make available on 
the Internet website of the Department of Health 
and Human Services the information with respect to 
the second preceding calendar year provided to the 
Secretary on generic dispensing rates (as described 
in paragraph (1) of subsection (b)) and information 
provided to the Secretary under paragraphs (2) and 
(3) of such subsection that, as determined by the 
Secretary, is with respect to each PBM. 
‘‘(2) AVAILABILITY OF DATA.—In carrying out 
paragraph (1), the Secretary shall ensure the fol-
lowing: 
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‘‘(A) CONFIDENTIALITY.—The information 
described in such paragraph is displayed in a 
manner that prevents the disclosure of informa-
tion on rebates, discounts, and price conces-
sions, with respect to an individual drug or an 
individual plan. 
‘‘(B) CLASS OF DRUG.—The information 
described in such paragraph is made available 
by class of drug, using an existing classification 
system, but only if the class contains such num-
ber of drugs, as specified by the Secretary, to 
ensure confidentiality of proprietary informa-
tion or other information that is prevented to 
be disclosed under subparagraph (A).’’. 
Æ 
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