,,iib #aafth ,,congress #ast ,session ,h4 ,r4 #baae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bi1 #bjai,received2 read twice and referred to the ,committee on ,finance ,,an ,,act ,to amend titles ,,xi and ,,xviii of the ,social ,security ,act to provide greater transparency for discounts provided by manufacturers1 to include real-time benefit information as part of a prescription drug plan's electronic prescription program under the ,medicare program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,public ,disclosure of ,drug ,discounts and ,real-,time ,beneficiary ,drug ,cost ,act4 #b4 ,public disclosure of drug discounts ,section #aaej;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#bc7 is amended-- 7#a7 in subsection 7c71 in the matter preceding paragraph 7#a71 by inserting 7other than as permitted under subsection 7e77 after disclosed by the ,secretary2 and 7#b7 by adding at the end the following new subsection3 7e7 ,public availability of certain information 7#a7 ,in general ,in order to allow the comparison of ,p,b,ms' ability to negotiate rebates1 discounts1 direct and indirect remuneration fees1 administrative fees1 and price concessions and the amount of such rebates1 discounts1 direct and indirect remuneration fees1 administrative fees1 and price concessions that are passed through to plan sponsors1 beginning ,january #a1 #bjbj1 the ,secretary shall make available on the ,internet website of the ,department of ,health and ,human ,services the information with respect to the second preceding calendar year provided to the ,secretary on generic dispensing rates 7as described in paragraph 7#a7 of subsection 7b77 and information provided to the ,secretary under paragraphs 7#b7 and 7#c7 of such subsection that1 as determined by the ,secretary1 is with respect to each ,,pbm4 7#b7 ,availability of data ,in carrying out paragraph 7#a71 the ,secretary shall ensure the following3 7,a7 ,confidentiality ,the information described in such paragraph is displayed in a manner that prevents the disclosure of information1 with respect to an individual drug or an individual plan1 on rebates1 discounts1 direct and indirect remuneration fees1 administrative fees1 and price concessions4 7,b7 ,class of drug ,the information described in such paragraph is made available by class of drug1 using an existing classification system1 but only if the class contains such number of drugs1 as specified by the ,secretary 7but not fewer than three drugs71 to ensure confidentiality of proprietary information or other information that is prevented to be disclosed under subparagraph 7,a74 4 #c4 ,requiring prescription drug plan sponsors to include real-time benefit information as part of such sponsor's electronic prescription program under the ,medicare program ,section #ahfj;,d-#d7;e77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajd7;e77#b77 is amended-- 7#a7 in subparagraph 7,d71 by striking ,to the extent and inserting ,except as provided in subparagraph 7,f71 to the extent2 and 7#b7 by adding at the end the following new subparagraph3 7,f7 ,real-time benefit information 7i7 ,in general ,not later than ,january #a1 #bjba1 the program shall implement real-time benefit tools that are capable of integrating with a prescribing health care professional's electronic prescribing or electronic health record system for the transmission of formulary and benefit information in real time to prescribing health care professionals4 ,with respect to a covered part ,d drug1 such tools shall be capable of transmitting such information specific to an individual enrolled in a prescription drug plan4 ,such information shall include the following3 7,i7 ,a list of any clinically-appropriate alternatives to such drug included in the formulary of such plan4 7,,ii7 ,cost-sharing information for such drug and such alternatives1 including a description of any variance in cost sharing based on the pharmacy dispensing such drug or such alternatives4 7,,iii7 ,information relating to whether such drug is included in the formulary of such plan and any prior authorization or other utilization management requirements applicable to such drug and such alternatives so included4 7ii7 ,electronic transmission ,the provisions of subclauses 7,i7 and 7,,ii7 of clause 7ii7 of subparagraph 7,e7 shall apply to an electronic transmission described in clause 7i7 in the same manner as such provisions apply with respect to an electronic transmission described in clause 7i7 of such subparagraph4 7iii7 ,special rule for #bjba ,the program shall be deemed to be in compliance with clause 7i7 for #bjba if the program complies with the provisions of section #dbc4afj7;b77#g7 of title #db1 ,code of ,federal ,regulations 7or a successor regulation71 for such year4 7iv7 ,rule of construction ,nothing in this subparagraph shall be construed as to allow a real-time benefits tool to steer an individual1 without the consent of the individual1 to a particular pharmacy or pharmacy setting over their preferred pharmacy setting nor prohibit the designation of a preferred pharmacy under such tool4 4 #d4 ,sense of ,congress regarding the need to expand commercially available drug pricing comparison platforms ,it is the sense of ,congress that-- 7#a7 commercially available drug pricing comparison platforms can1 at no cost1 help patients find the lowest price for their medications at their local pharmacy2 7#b7 such platforms should be integrated1 to the maximum extent possible1 in the health care delivery ecosystem2 and 7#c7 pharmacy benefit managers should work to disclose generic and brand name drug prices to such platforms to ensure that-- 7,a7 patients can benefit from the lowest possible price available to them2 and 7,b7 overall drug prices can be reduced as more educated purchasing decisions are made based on price transparency4 ,passed the ,house of ,representatives ,october #bh1 #bjai4;,cheryl ,l4 ,johnson1,clerk4