,i  #aaeth ,,congress  #b;d ,session    
,h4 ,r4 #ecdc  ,,in ,,the ,,house ,,of  
,,representatives  ,march #bj1 #bjah,mr4
 ,carter of ,georgia 7for himself1 ,mr4 
,welch1 ,mr4 ,griffith1 ,mr4 ,austin    
,scott of ,georgia1 ,mr4 ,collins of    
,georgia1 and ,mrs4 ,mc,morris ,rodgers7
 introduced the following bill2 which   
was referred to the ,committee on       
,energy and ,commerce  ,a ,,bill  ,to   
amend the ,public ,health ,service ,act 
to nullify certain contractual          
provisions prohibiting or penalizing a  
pharmacist's disclosure of the          
availability of therapeutically         
equivalent alternative drugs1 or        
alternative methods of purchasing the   
prescription drug1 that are less        
expensive1 and for other purposes4  #a4 
,short title ,this ,act may be cited as 
the ,prescription ,transparency ,act of 
#bjah4  #b4 ,prohibited gag provisions  
,part ,b of title ,,iii of the ,public  
,health ,service ,act 7#db ,u4,s4,c4    
#bdc et seq47 is amended by adding at   

the end the following3  #cbj;,b4        
,prohibited gag provisions  7a7 ,in     
general ,no contract that is between--  
7#a7 a health insurer or any entity that
 provides pharmacy benefits management  
services on behalf of a health insurer  
7commonly referred to as a pharmacy     
benefit manager72 and  7#b7 a pharmacy1 
pharmacist1 or a pharmacy's contracting 
agent1 such as a pharmacy services      
administrative organization1  may       
contain a provision prohibiting or      
penalizing 7including through increased 
utilization review1 reduced payments1 or
 other financial disincentives7 a       
pharmacist's disclosure to an individual
 purchasing a prescription drug of      
information regarding the cost of the   
prescription drug to the individual     
7including any copayment or             
coinsurance71 or regarding the          
availability of any therapeutically     
equivalent alternative drug1 or         
alternative methods of purchasing the   
prescription drug 7including paying a   

cash price71 that are less expensive    
than the cost of the prescription drug  
to the individual4  7b7 ,null and void  
,any provision described in subsection  
7a7 in a contract described in          
subsection 7a7 is null and void4  7c7   
,applicability ,subsection 7a7 applies  
only with respect to contracts1 and     
contract addenda1 entered into or       
renewed on or after the date of         
enactment of the ,prescription          
,transparency ,act of #bjah4  7d7       
,regulations and guidance ,the          
,secretary may issue such regulations   
and guidance as may be necessary for    
implementation of this section4  7e7    
,definitions ,in this section3 7#a7 ,the
 term drug has the meaning given to such
 term in section #bja of the ,federal   
,food1 ,drug1 and ,cosmetic ,act4  7#b7 
,the term health insurer means a health 
insurance issuer 7as defined in section 
#bgia7 offering health insurance        
coverage 7as defined in such section7 in
 the individual or group market or a    

sponsor of a group health plan 7as      
defined in such section74  7#c7 ,the    
term prescription drug means a drug     
subject to section #ejc7;b77#a7 of the  
,federal ,food1 ,drug1 and ,cosmetic    
,act4  4