I 
117TH CONGRESS 
1ST SESSION H. R. 3682 
To amend title XI of the Social Security Act to provide greater transparency 
for discounts provided by manufacturers. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 1, 2021 
Ms. SPANBERGER (for herself and Mr. ARRINGTON) 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 sub-
sequently 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 for discounts provided by manufac-
turers. 
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 ‘‘Improving Trans-
parency to Lower Drug Costs Act of 2021’’. 
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, direct and indirect remuneration fees, ad-
ministrative fees, and price concessions and the 
amount of such rebates, discounts, direct and indi-
rect remuneration fees, administrative fees, and 
price concessions that are passed through to plan 
sponsors, beginning January 1, 2022, the Secretary 
shall make available on the Internet website of the 
Department of Health and Human Services the in-
formation with respect to the second preceding cal-
endar year provided to the Secretary on generic dis-
pensing rates (as described in paragraph (1) of sub-
section (b)) and information provided to the Sec-
retary under paragraphs (2) and (3) of such sub-
section that, as determined by the Secretary, is with 
respect to each PBM. 
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‘‘(2) AVAILABILITY OF DATA.—In carrying out 
paragraph (1), the Secretary shall ensure the fol-
lowing: 
‘‘(A) CONFIDENTIALITY.—The information 
described in such paragraph is displayed in a 
manner that prevents the disclosure of informa-
tion, with respect to an individual drug or an 
individual plan, on rebates, discounts, direct 
and indirect remuneration fees, administrative 
fees, and price concessions. 
‘‘(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 (but 
not fewer than three drugs), to ensure confiden-
tiality of proprietary information or other infor-
mation that is prevented to be disclosed under 
subparagraph (A).’’. 
Æ 
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