,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #ffda ,,in ,,the ,,house ,,of ,,representatives ,july #ca1 #bjah,mr4 ,paulsen 7for himself and ,ms4 ,eshoo7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title ,,xxvii of the ,public ,health ,service ,act and title ,,xviii of the ,social ,security ,act to prohibit health insurance issuers1 group health plans1 ,medicare ,advantage organizations1 and prescription drug plan sponsors from limiting drug price information a pharmacy may give to a consumer4 #a4 ,short title ,this ,act may be cited as the ,true ,cost-sharing ,of ,seniors' drugs ,transparency ,act or the ,,cost ,act4 #b4 ,prohibiting health insurance issuers1 group health plans1 ,medicare ,advantage organizations1 and prescription drug plan sponsors from limiting drug price information a pharmacy may give to a consumer 7a7 ,health insurance issuers and group health plans ,the first subpart ,,ii of part ,a of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#aa et seq47 is amended by adding at the end the following new section3 #bgbi4 ,prohibition on provisions relating to the communication of certain prescription drug price information 7a7 ,in general ,a group health plan and a health insurance issuer offering group or individual health insurance coverage may not1 with respect to plan years beginning after the date the ,secretary makes a determination specified in subsection 7c71 prohibit a pharmacy from disclosing1 or penalize such pharmacy 7including through increased utilization review1 reduced payments1 or other financial disincentives7 for disclosing1 to an individual purchasing a prescription drug using benefits provided under such plan or such coverage alternative methods of purchasing such drug1 including paying a cash price1 that may be cheaper than paying the price of a drug using such benefits4 7b7 ,consumer information 7#a7 ,in general ,a group health plan and a health insurance issuer offering group or individual health insurance coverage shall ensure that1 in the case that an applicable pharmacy 7as defined in paragraph 7#b77 informs an individual with health benefits under such plan or such coverage of alternative methods of purchasing a drug1 including paying a cash price1 that may be cheaper than paying the price of a drug using such benefits1 such pharmacy also-- 7,a7 informs such individual of-- 7i7 the effect so purchasing such drug would have on such individual's deductible with respect to such plan or such coverage2 and 7ii7 other information determined appropriate by the ,secretary for purposes of enabling such individual to make an informed decision with respect to the effects of using such benefits or such alternative methods to purchase such drug2 and 7,b7 in the case that such individual purchases such drug using such alternative methods1 reports to such plan or such issuer the amount such individual paid for such drug using such alternative methods4 7#b7 ,definition ,in this subsection1 the term applicable pharmacy means1 with respect to a group health plan and a health insurance issuer offering group or individual health insurance coverage1 a pharmacy with which such plan or such issuer contracts with under such plan or such coverage or that is otherwise an in-network pharmacy under such plan or such coverage4 7c7 ,determination ,a determination specified in this subsection is a determination by the ,secretary that a prohibition or penalty described in subsection 7a7 is being used by a group health plan or a health insurance issuer offering group or individual health insurance coverage4 4 7b7 ,,ma organizations and ,,pdp sponsors ,section #ahfj;,d-#d of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajd7 is amended by adding at the end the following new subsection3 7m7 ,prohibition on limiting certain information on prescription drug prices 7#a7 ,in general ,a ,,pdp sponsor of a prescription drug plan and a ,medicare ,advantage organization offering an ,,ma-,,pd plan may not1 with respect to plan years beginning after the date the ,secretary makes a determination specified in paragraph 7#c71 prohibit a pharmacy from disclosing1 or penalize such pharmacy 7including through increased utilization review1 reduced payments1 or other financial disincentives7 for disclosing1 to an individual purchasing a prescription drug using benefits provided under such prescription drug plan or such ,,ma-,,pd plan alternative methods of purchasing such drug1 including paying a cash price1 that may be cheaper than paying the price of a drug using such benefits4 7#b7 ,consumer information 7,a7 ,in general ,a ,,pdp sponsor of a prescription drug plan and a ,medicare ,advantage organization offering an ,,ma-,,pd plan shall ensure that1 in the case that an applicable pharmacy 7as defined in subparagraph 7,b77 informs an individual with health benefits under such prescription drug plan or such ,,ma-,,pd plan of alternative methods of purchasing a drug1 including paying a cash price1 that may be cheaper than paying the price of a drug using such benefits1 such pharmacy also-- 7i7 informs such individual of-- 7,i7 the effect so purchasing such drug would have on such individual's deductible with respect to such prescription drug plan or such ,,ma-,,pd plan2 and 7,,ii7 other information determined appropriate by the ,secretary for purposes of enabling such individual to make an informed decision with respect to the effects of using such benefits or such alternative methods to purchase such drug2 and 7ii7 in the case that such individual purchases such drug using such alternative methods1 reports to such sponsor or such organization the amount such individual paid for such drug using such alternative methods4 7,b7 ,definition ,for purposes of this paragraph1 the term applicable pharmacy means1 with respect to a ,,pdp sponsor of a prescription drug plan and a ,medicare ,advantage organization offering an ,,ma-,,pd plan1 a pharmacy with which such sponsor or such organization contracts with under such prescription drug plan or such ,,ma-,,pd plan or that is otherwise an in-network pharmacy under such prescription drug plan or such ,,ma-,,pd plan4 7#c7 ,determination ,a determination specified in this paragraph is a determination by the ,secretary that a prohibition or penalty described in paragraph 7#a7 is being used by a ,,pdp sponsor of a prescription drug plan or a ,medicare ,advantage organization offering an ,,ma-,,pd plan with respect to such prescription drug plan or ,,ma-,,pd plan4 4 7c7 ,study of prevalence of pharmacy provision of information prohibitions ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall conduct a study and submit to ,congress a report on the prevalence of prohibitions by-- 7#a7 group health plans and health insurance issuers 7as such terms are defined in section #bgia of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia772 and 7#b7 ,,ma organizations offering ,,ma-,,pd plans and sponsors of prescription drug plans2 on pharmacies from disclosing alternative prices of a drug to an individual purchasing such drug at such pharmacy using benefits under such group health plan1 such health insurance coverage1 such ,,ma-,,pd plan1 or such prescription drug plan 7as applicable74