#aaeth ,,congress #b;d ,session ,s4 #beed ,,an ,,act ,to ensure that health insurance issuers and group health plans do not prohibit pharmacy providers from providing certain information to enrollees4 #a4 ,short title ,this ,act may be cited as the ,patient ,right to ,know ,drug ,prices ,act4 #b4 ,prohibition on limiting certain information on drug prices ,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 following3 #bgbi4 ,information on prescription drugs 7a7 ,in general ,a group health plan or a health insurance issuer offering group or individual health insurance coverage shall-- 7#a7 not restrict1 directly or indirectly1 any pharmacy that dispenses a prescription drug to an enrollee in the plan or coverage from informing 7or penalize such pharmacy for informing7 an enrollee of any differential between the enrollee's out-of-pocket cost under the plan or coverage with respect to acquisition of the drug and the amount an individual would pay for acquisition of the drug without using any health plan or health insurance coverage2 and 7#b7 ensure that any entity that provides pharmacy benefits management services under a contract with any such health plan or health insurance coverage does not1 with respect to such plan or coverage1 restrict1 directly or indirectly1 a pharmacy that dispenses a prescription drug from informing 7or penalize such pharmacy for informing7 an enrollee of any differential between the enrollee's out-of-pocket cost under the plan or coverage with respect to acquisition of the drug and the amount an individual would pay for acquisition of the drug without using any health plan or health insurance coverage4 7b7 ,definition ,for purposes of this section1 the term out-of-pocket cost1 with respect to acquisition of a drug1 means the amount to be paid by the enrollee under the plan or coverage1 including any cost-sharing 7including any deductible1 copayment1 or coinsurance7 and1 as determined by the ,secretary1 any other expenditure4 4 #c4 ,modernizing the reporting of biological and biosimilar products ,subtitle ,b of title ,,xi of the ,medicare ,prescription ,drug1 ,improvement1 and ,modernization ,act of #bjjc 7,public ,law #ajh-agc7 is amended-- 7#a7 in section #aaaa-- 7,a7 by redesignating paragraphs 7#c7 through 7#h7 as paragraphs 7#f7 through 7#aa71 respectively2 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,biosimilar biological product ,the term biosimilar biological product means a biological product for which an application under section #cea7k7 of the ,public ,health ,service ,act is approved4 7#d7 ,biosimilar biological product applicant ,the term biosimilar biological product applicant means a person who has filed or received approval for a biosimilar biological product under section #cea7k7 of the ,public ,health ,service ,act4 7#e7 ,biosimilar biological product application ,the term biosimilar biological product application means an application for licensure of a biological product under section #cea7k7 of the ,public ,health ,service ,act4 2 7,c7 in paragraph 7#f71 as so redesignated1 by inserting 1 or a biological product for which an application is approved under section #cea7;a7 of the ,public ,health ,service ,act before the period2 7,d7 in paragraph 7#g71 as so redesignated-- 7i7 by striking paragraph 7#c7 and inserting paragraph 7#f72 7ii7 by inserting or a reference product in a biosimilar biological product application after ,,anda2 and 7iii7 by inserting or under section #cea7;a7 of the ,public ,health ,service ,act before the period2 and 7,e7 by adding at the end the following3 7#ab7 ,reference product ,the term reference product means a brand name drug for which a license is in effect under section #cea7;a7 of the ,public ,health ,service ,act4 2 7#b7 in section #aaab-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a7-- 7,i7 by inserting or a biosimilar biological product applicant who has submitted a biosimilar biological product application for which a statement under section #cea7l77#c77;,b77ii77,i7 of the ,public ,health ,service ,act has been provided after ,federal ,food1 ,drug1 and ,cosmetic ,act2 and 7,,ii7 by inserting or the biosimilar biological product that is the subject of the biosimilar biological product application1 as applicable after the ,,anda2 and 7ii7 in paragraph 7#b7-- 7,i7 in the matter preceding subparagraph 7,a71 by inserting or a biosimilar biological product applicant after generic drug applicant2 7,,ii7 in subparagraph 7,a7-- 7aa7 by striking marketing and inserting marketing12 and 7bb7 by inserting or the reference product in the biosimilar biological product application before involved2 7,,iii7 in subparagraph 7,b71 by inserting or of the biosimilar biological product for which the biosimilar biological product application was submitted after submitted2 and 7,,iv7 by amending subparagraph 7,c7 to read as follows3 7,c7 as applicable-- 7i7 the #ahj-;day period referred to in section #eje7;j77#e77;,b77iv7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act as it applies to such ,,anda or to any other ,,anda based on the same brand name drug2 or 7ii7 the #a-year period referred to in section #cea7k77#f77;,a7 of the ,public ,health ,service ,act as it applies to such biosimilar biological product application or to any other biosimilar biological product application based on the same brand name drug4 2 and 7,b7 in subsection 7b7-- 7i7 by amending paragraph 7#a7 to read as follows3 7#a7 ,requirement 7,a7 ,generic drugs ,a generic drug applicant that has submitted an ,,anda containing a certification under section #eje7;j77#b77;,a77vii77,,iv7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act with respect to a listed drug and another generic drug applicant that has submitted an ,,anda containing such a certification for the same listed drug shall each file the agreement in accordance with subsection 7c74 ,the agreement shall be filed prior to the date of the first commercial marketing of either of the generic drugs for which such ,a,n,d,as were submitted4 7,b7 ,biosimilar biological products ,a biosimilar biological product applicant that has submitted a biosimilar biological product application for which a statement under section #cea7l77#c77;,b77ii77,i7 of the ,public ,health ,service ,act has been provided with respect to a reference product and another biosimilar biological product applicant that has submitted a biosimilar biological product application for which such a statement for the same reference product has been provided shall each file the agreement in accordance with subsection 7c74 ,the agreement shall be filed prior to the date of the first commercial marketing of either of the biosimilar biological products for which such biosimilar biological product applications were submitted4 2 and 7ii7 in paragraph 7#b7-- 7,i7 by striking between two generic drug applicants is an agreement and inserting is1 as applicable1 an agreement between #b generic drug applicants2 and 7,,ii7 by inserting 1 or an agreement between #b biosimilar biological product applicants regarding the #a-year period referred to in section #cea7k77#f77;,a7 of the ,public ,health ,service ,act as it applies to the biosimilar biological product applications with which the agreement is concerned before the period2 7#c7 in section #aaae1 by striking or generic drug applicant each place such term appears and inserting 1 generic drug applicant1 or biosimilar biological product applicant2 and 7#d7 in section #aaag1 by striking 1 or any agreement between generic drug applicants and inserting or a biosimilar biological product applicant1 any agreement between generic drug applicants1 or any agreement between biosimilar biological product applicants4 ,passed the ,senate ,september #ag1 #bjah4,secretary