II 116th CONGRESS 1st Session S. 801 IN THE SENATE OF THE UNITED STATES March 14, 2019 Ms. Cortez Masto (for herself, Mr. Cornyn , Mr. Carper , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Finance 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 Commission with access to certain drug payment information, including certain rebate information.

1. Providing the Medicare Payment Advisory Commission and Medicaid and CHIP Payment and Access Commission with access to certain drug payment information, including certain rebate information (a) Access to certain part D payment data Section 1860D–15(f) of the Social Security Act ( 42 U.S.C. 1395w–115(f) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)(ii), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by inserting at the end the following new subparagraph: (C) by the Executive Director of the Medicare Payment Advisory Commission for purposes of monitoring, making recommendations, and analysis of the program under this title and by the Executive Director of the Medicaid and CHIP Payment and Access Commission for purposes of monitoring, making recommendations, and analysis of the Medicaid program established under title XIX and the Children’s Health Insurance Program under title XXI. ; and (2) by adding at the end the following new paragraph: (3) Additional restrictions on disclosure of information The Executive Directors described in paragraph (2)(C) shall not disclose any of the following information disclosed to such Executive Directors or obtained by such Executive Directors pursuant to such paragraph, with respect to a prescription drug plan offered by a PDP sponsor: (A) The specific amounts or the identity of the source of any rebates, price concessions, or other forms of direct or indirect remuneration under such prescription drug plan. (B) Information submitted with the bid submitted under section 1860D–11 by such PDP sponsor. (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 Commission and the Executive Director of the Medicaid and CHIP Payment and Access Commission to review the information provided. ; (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 sentence: Any information disclosed to the Executive Director of the Medicare Payment Advisory Commission 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. .