,,ii ,calendar ,no4 #ai #aahth ,,congress #ast ,session ,s4 #aac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bf1 #bjbc,mr4 ,grassley 7for himself1 ,ms4 ,cantwell1 ,mr4 ,blumenthal1 ,mr4 ,lankford1 ,mrs4 ,blackburn1 ,mr4 ,tuberville1 ,mr4 ,tillis1 ,mrs4 ,capito1 ,mr4 ,braun1 ,mr4 ,boozman1 ,mr4 ,welch1 ,mr4 ,coons1 ,ms4 ,hirono1 and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,march #a1 #bjbc,reported by ,mr4 ,durbin1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to require the ,federal ,trade ,commission to study the role of intermediaries in the pharmaceutical supply chain and provide ,congress with appropriate policy recommendations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,prescription ,pricing for the ,people ,act of #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 #c4 ,study of pharmaceutical supply chain intermediaries and merger activity 7a7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,commission shall submit to the appropriate committees of ,congress a report that-- 7#a7 addresses at minimum-- 7,a7 whether pharmacy benefit managers-- 7i7 charge payers a higher price than the reimbursement rate at which the pharmacy benefit managers reimburse pharmacies owned by the pharmacy benefit manager and pharmacies not owned by the pharmacy benefit manager2 7ii7 steer patients for competitive advantage to any pharmacy1 including a retail1 mail-order1 or any other type of pharmacy1 in which the pharmacy benefit managers have an ownership interest2 7iii7 audit or review proprietary data1 including acquisition costs1 patient information1 or dispensing information1 of pharmacies not owned by the pharmacy benefit manager and use such proprietary data to increase revenue or market share for competitive advantage2 or 7iv7 use formulary designs to increase the market share of higher cost prescription drugs or depress the market share of lower cost prescription drugs 7each net of rebates and discounts72 7,b7 trends or observations on the state of competition in the healthcare supply chain1 particularly with regard to intermediaries and their integration with other intermediaries1 suppliers1 or payers of prescription drug benefits2 7,c7 how companies and payers assess the benefits1 costs1 and risks of contracting with intermediaries1 including pharmacy services administrative organizations1 and whether more information about the roles of intermediaries should be available to consumers and payers2 and 7,d7 whether there are any specific legal or regulatory obstacles the ,commission currently faces in enforcing the antitrust and consumer protection laws in the pharmaceutical supply chain1 including the pharmacy benefit manager marketplace and pharmacy services administrative organizations2 and 7#b7 provides-- 7,a7 observations or conclusions drawn from the ,november #bjag roundtable entitled ,understanding ,competition in ,prescription ,drug ,markets3 ,entry and ,supply ,chain ,dynamics and any similar efforts2 7,b7 specific actions the ,commission intends to take as a result of the ,november #bjag roundtable1 and any similar efforts1 including a detailed description of relevant forthcoming actions1 additional research or roundtable discussions1 consumer education efforts1 or enforcement actions2 and 7,c7 policy or legislative recommendations to-- 7i7 improve transparency and competition in the pharmaceutical supply chain2 7ii7 prevent and deter anticompetitive behavior in the pharmaceutical supply chain2 and 7iii7 best ensure that consumers benefit from any cost savings or efficiencies that may result from mergers and consolidations4 7b7 ,interim report ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall submit to the appropriate committees of ,congress an interim report on the progress of the report required by subsection 7a71 along with preliminary findings and conclusions based on information collected to that date4 #d4 ,report ,the ,commission shall submit to the appropriate committees of ,congress a report that includes-- 7#a7 the number and nature of complaints received by the ,commission relating to an allegation of anticompetitive conduct by a manufacturer of a sole-source drug2 7#b7 the ability of the ,commission to bring an enforcement action against a manufacturer of a sole-source drug2 and 7#c7 policy or legislative recommendations to strengthen enforcement actions relating to anticompetitive behavior4 #a4 ,short title ,this ,act may be cited as the ,prescription ,pricing for the ,people ,act of #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 #c4 ,study of pharmaceutical supply chain intermediaries and merger activity 7a7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,commission shall submit to the appropriate committees of ,congress a report that-- 7#a7 addresses at minimum-- 7,a7 whether pharmacy benefit managers-- 7i7 charge payers a higher price than the reimbursement rate at which the pharmacy benefit managers reimburse pharmacies owned by the pharmacy benefit manager and pharmacies not owned by the pharmacy benefit manager2 7ii7 steer patients for competitive advantage to any pharmacy1 including a retail1 mail-order1 or any other type of pharmacy1 in which the pharmacy benefit managers have an ownership interest2 7iii7 audit or review proprietary data1 including acquisition costs1 patient information1 or dispensing information1 of pharmacies not owned by the pharmacy benefit manager and use such proprietary data to increase revenue or market share for competitive advantage2 or 7iv7 use formulary designs to increase the market share of higher cost prescription drugs or depress the market share of lower cost prescription drugs 7each net of rebates and discounts72 7,b7 trends or observations on the state of competition in the healthcare supply chain1 particularly with regard to intermediaries and their integration with other intermediaries1 suppliers1 or payers of prescription drug benefits2 7,c7 how companies and payers assess the benefits1 costs1 and risks of contracting with intermediaries1 including pharmacy services administrative organizations1 and whether more information about the roles of intermediaries should be available to consumers and payers2 7,d7 whether there are any specific legal or regulatory obstacles the ,commission currently faces in enforcing the antitrust and consumer protection laws in the pharmaceutical supply chain1 including the pharmacy benefit manager marketplace and pharmacy services administrative organizations2 and 7,e7 whether there are any specific legal or regulatory obstacles that contribute to the cost of prescription drug prices2 and 7#b7 provides-- 7,a7 observations or conclusions drawn from the ,november #bjag roundtable entitled ,understanding ,competition in ,prescription ,drug ,markets3 ,entry and ,supply ,chain ,dynamics and any similar efforts2 7,b7 specific actions the ,commission intends to take as a result of the ,november #bjag roundtable1 and any similar efforts1 including a detailed description of relevant forthcoming actions1 additional research or roundtable discussions1 consumer education efforts1 or enforcement actions2 and 7,c7 policy or legislative recommendations to-- 7i7 improve transparency and competition in the pharmaceutical supply chain2 7ii7 prevent and deter anticompetitive behavior in the pharmaceutical supply chain2 and 7iii7 best ensure that consumers benefit from any cost savings or efficiencies that may result from mergers and consolidations4 7b7 ,interim report ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall submit to the appropriate committees of ,congress an interim report on the progress of the report required by subsection 7a71 along with preliminary findings and conclusions based on information collected to that date4 #d4 ,report ,the ,commission shall submit to the appropriate committees of ,congress a report that includes-- 7#a7 the number and nature of complaints received by the ,commission relating to an allegation of anticompetitive conduct by a manufacturer of a sole-source drug2 7#b7 the ability of the ,commission to bring an enforcement action against a manufacturer of a sole-source drug2 and 7#c7 policy or legislative recommendations to strengthen enforcement actions relating to anticompetitive behavior4 ,march #a1 #bjbc,reported with an amendment