,,ii #aafth ,,congress #ast ,session ,s4 #affd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bc 7legislative day1 ,may #bb71 #bjai,mr4 ,scott of ,florida 7for himself1 ,ms4 ,collins1 and ,mr4 ,gardner7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to require reporting on prescription drug expenditures under group health plans and on prescription drug price changes1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,prescription ,drug ,price ,reporting ,act4 #b4 ,prescription drug price reporting requirements 7a7 ,submission of data 7#a7 ,in general ,each manufacturer of a prescription drug shall submit to the ,secretary1 electronically1 in such manner as the ,secretary may require1 by ,april #a of each year1 a list of each such drug that is marketed in the ,united ,states and1 with respect to each such drug1 all of the following information with respect to the previous year3 7,a7 ,each applicable ,national ,drug ,code 7or ,j-,code74 7,b7 ,brand name4 7,c7 ,generic name and chemical name1 as applicable4 7,d7 ,therapeutic class or classes1 as applicable4 7,e7 ,current wholesale acquisition cost per #cj-;day supply or typical course of treatment4 7,f7 ,average wholesale acquisition cost for the drug per #cj-;day supply or typical course of treatment during the previous calendar year1 or1 in the case of a drug that has been marketed for only a portion of such year1 during the portion of time in such year that the drug was marketed4 7,g7 ,average net price per #cj-;day supply or typical course of treatment1 during the previous calendar year1 or1 in the case of a drug that has been marketed for only a portion of such year1 during the portion of time in such year that the drug was marketed1 taking into account all discounts1 rebates1 and other fees or payments to health insurance plans or pharmacy benefit managers with respect to sales of the drug to individuals covered by such a plan4 7,h7 ,total rebates and other payments to health insurance plans or pharmacy benefit managers1 per #cj-;day supply or typical course of treatment1 with respect to individuals covered by such a plan1 during the previous calendar year1 or1 in the case of a drug that has been marketed for only a portion of such calendar year1 during the portion of time in such calendar year that the drug was marketed4 7#b7 ,timeline for initial submission 7,a7 ,drugs marketed before ,december #ca1 #bjbj ,each manufacturer of a prescription drug that is marketed at any time during calendar year #bjbj1 shall submit to the ,secretary1 not later than ,april #a1 #bjba-- 7i7 the information required under paragraph 7#a72 and 7ii7 in addition to the information required under subparagraphs 7,f71 7,g71 and 7,h7 of paragraph 7#a71 such average wholesale acquisition cost1 average net price1 and total rebates and other payments1 described in each of such subparagraphs1 respectively1 with respect to the calendar year immediately preceding the calendar year for which such information is required to be reported under such subparagraphs 7,f71 7,g71 and 7,h74 7,b7 ,subsequently marketed drugs ,with respect to a prescription drug that is first marketed after ,december #ca1 #bjbj1 each manufacturer of such a drug shall submit the information required under subparagraphs 7,a7 through 7,e7 of paragraph 7#a7 not later than #fj days after the date on which the drug is first marketed1 and shall submit annual reports of all of the information required under paragraph 7#a7 beginning on the first annual reporting date that is more than #cj days after the date on which the drug is first marketed4 7b7 ,advance notification of prescription drug pricing changes 7#a7 ,in general ,each manufacturer of a prescription drug shall report to the ,secretary1 electronically1 in such manner as the ,secretary may require1 any increase or decrease in the wholesale acquisition cost of a prescription drug not later than #cj days prior to the date on which the price change takes effect4 7#b7 ,content ,a price change report under paragraph 7#a7 shall include-- 7,a7 the information required under subparagraphs 7,a71 7,b71 7,c71 7,d71 and 7,f7 of subsection 7a77#a72 7,b7 the wholesale acquisition cost per #cj-;day supply or typical course of treatment immediately prior to the price change2 7,c7 the new wholesale acquisition cost per #cj-;day supply or typical course of treatment1 when the change takes effect2 and 7,d7 financial and non-financial factors the manufacturer took into consideration when making the price change1 including any changes or improvements to the drug4 7c7 ,public database 7#a7 ,in general ,the ,secretary shall establish an internet-based system to post prescription drug information reported under subsection 7a7 and price change reports required under subsection 7b74 7#b7 ,consumer subscription options ,the system established under paragraph 7#a7 shall enable consumers to subscribe to price change notifications-- 7,a7 for-- 7i7 all drugs2 7ii7 a particular drug2 or 7iii7 a particular therapeutic class of drugs2 and 7,b7 that are limited to price changes that are at or over a specified amount4 7#c7 ,timing ,the prescription drug information reported under subsection 7a7 shall be made publicly available not later than #cj days after being reported to the ,secretary4 ,price change reports required under subsection 7b7 shall be made publically available no later than #e business days after submission to the ,secretary4 7d7 ,privacy protections ,the information submitted under subparagraphs 7,a7 through 7,f7 of subsection 7a77#a7 and paragraph 7#b77;,a77ii7 shall be publicly available through the database established under subsection 7c74 ,no other information submitted to the ,secretary pursuant to subsection 7a7 or 7b7 that is proprietary1 confidential1 or trade secret information shall be included in such database4 7e7 ,definitions ,for purposes of this section-- 7#a7 the term manufacturer has the meaning given such term in section #eha of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfj;eee72 7#b7 the term prescription drug means a drug approved section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7 or a biological product licensed under section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7 that is subject to section #ejc7;b77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cec7;b77#a772 7#c7 the term ,secretary means the ,secretary of ,health and ,human ,services2 and 7#d7 the term wholesale acquisition cost has the meaning given such term in section #ahdg;,a7c77#f77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a 7c77#f77;,b774 7f7 ,preemption ,effective on the date that the public database under subsection 7b77#c7 first becomes operational1 no ,state or political subdivision of a ,state may establish or continue in effect any law requiring the manufacturer to report or make public prescription drug pricing information4