,,ii #aafth ,,congress #ast ,session ,s4 #dgf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ac1 #bjai ,mr4 ,wyden 7for himself1 ,mr4 ,brown1 ,mr4 ,carper1 and ,mr4 ,tester7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend titles ,,xi and ,,xviii of the ,social ,security ,act to provide greater transparency of discounts provided by drug manufacturers4 #a4 ,short title ,this ,act may be cited as the ,creating ,transparency to ,have ,drug ,rebates ,unlocked 7,c-,,thru7 ,act of #bjai4 #b4 ,public disclosure of drug discounts 7a7 ,in general ,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 striking this section and inserting subsection 7b77#a72 and 7#b7 by adding at the end the following new subsection3 7e7 ,public availability of certain information ,in order to allow patients and employers to compare ,p,b,ms' ability to negotiate rebates1 discounts1 and price concessions and the amount of such rebates1 discounts1 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 provided to the ,secretary under paragraphs 7#b7 and 7#c7 of subsection 7b7 with respect to each ,,pbm4 ,the ,secretary shall ensure that such information is displayed in a manner that prevents the disclosure of information on rebates1 discounts1 and price concessions with respect to an individual drug or an individual plan4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on ,january #a1 #bjbj4 #c4 ,minimum drug discounts required ,to be passed through to the plan sponsor 7a7 ,in general ,section #aaej;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#bc71 as amended by section #b7;a77#b71 is amended-- 7#a7 in the heading1 by inserting 2 minimum drug discounts required to be passed through to the plan sponsor before the period at the end2 and 7#b7 by adding at the end the following new subsection3 7f7 ,minimum drug discounts required ,to be passed through to the plan sponsor 7#a7 ,requirement ,beginning ,january #a1 #bjbb1 a ,,pbm that manages prescription drug coverage under a contract with a ,,pdp sponsor or ,,ma organization described in subsection 7b77#a7 or a qualified health benefits plan described in subsection 7b77#b71 shall1 with respect to the plan sponsor of a health benefits plan1 pass through to the plan sponsor a minimum percent 7as established by the ,secretary7 of the aggregate amount of the rebates1 discounts1 or price concessions that the ,,pbm negotiates that are attributable to patient utilization under the plan4 7#b7 ,establishment ,the ,secretary shall establish the minimum percent described in paragraph 7#a7 in such a manner as will ensure that patients receive the maximum benefit of rebates1 discounts1 or price concessions while taking into account the costs of negotiating such rebates1 discounts1 and price concessions4 7#c7 ,enforcement ,a ,,pdp sponsor of a prescription drug plan or an ,,ma organization offering an ,,ma-,,pd plan under part ,d of title ,,xviii may not contract with a ,,pbm that is not in compliance with the requirement under paragraph 7#a74 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on ,january #a1 #bjbb4 #d4 ,part ,d negotiated prices required to take into account all price concessions at the point-of-sale 7a7 ,in general ,section #ahfj;,d-#b7;d77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajb7;d77#a77;,b77 is amended-- 7#a7 by striking prices4--,for purposes and inserting 8prices4-- 7i7 ,in general ,for purposes 2 and 7#b7 by adding at the end the following new clause3 7ii7 ,negotiated prices at point-of-sale 7,i7 ,in general ,negotiated prices for covered part ,d drugs described in clause 7i71 including all price negotiated concessions1 shall be provided at the point-of-sale of the covered part ,d drug4 ,if the negotiated price1 including all negotiated price concessions1 is not possible to calculate at the point-of-sale1 an approximate negotiated price 7as established by the ,secretary7 shall be used under the prescription drug plan or ,,ma-,,pd plan4 7,,ii7 ,approximate negotiated price ,in determining an approximate negotiated price for a covered part ,d drug under subclause 7,i71 the ,secretary shall ensure that-- 7aa7 such price reflects the estimated negotiated price that is based on the previous year's negotiated price concessions negotiated under the plan for all or similar covered part ,d drugs or is based on such other factors as the ,secretary may determine appropriate2 and 7bb7 the use of such price does not prevent the use of value-based contracts between drug manufacturers1 ,,pdp sponsors1 ,,ma organizations1 and pharmacies4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall apply to plan years beginning on or after ,january #a1 #bjba4