,,ii #aahth ,,congress #ast ,session ,s4 #acgd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bg1 #bjbc ,mr4 ,marshall 7for himself1 ,mr4 ,markey1 ,mr4 ,grassley1 and ,mr4 ,kaine7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to prohibit group health plans and health insurance issuers from entering into contracts that would prevent or restrict patient access to drug pricing information otherwise available through consumer decision-support tools4 #a4 ,short title ,this ,act may be cited as the ,patient ,right to ,shop ,act4 #b4 ,prohibition on blocking consumer decision-support tools 7a7 ,,phsa ,part ,d of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#aaa et seq47 is amended by adding at the end the following3 #bgii;,a-#aa4 ,prohibition on blocking consumer decision-support tools 7a7 ,in general ,a group health plan or a health insurance issuer offering group or individual health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan or coverage if such contract-- 7#a7 includes any terms1 conditions1 or costs that would prevent or restrict a third party who is in contract with the plan or issuer to provide a consumer decision-support tool from using relevant information regarding prescription drug benefits under the plan or coverage that are administered by the entity providing pharmacy benefit management services in contract with the plan or issuer2 or 7#b7 fails to clearly state that the entity providing pharmacy benefit management services is required to provide data required under paragraph 7#a7 in machine readable format for the operability1 implementation1 and utilization of any such consumer decision-support tool at no cost 7direct or indirect7 to the group health plan1 health insurance issuer1 or the third party providing such consumer decision support4 7b7 ,consumer decision-,support tool ,in this section1 the term consumer decision-support tool means a tool designed to inform enrollees in a group health plan or health insurance coverage about all costs for prescription drugs covered by the plan or coverage1 including out-of-pocket1 copayment1 and coinsurance responsibility1 as well as additional savings opportunities through other channels such as manufacturer copayment assistance1 cash price1 and mail order pharmacy benefits4 4 7b7 ,,erisa 7#a7 ,in general ,subpart ,b of part #g of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aahe et seq47 is amended by adding at the end the following3 #gbf4 ,prohibition on blocking consumer decision-support tools 7a7 ,in general ,a group health plan or a health insurance issuer offering group health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan or coverage if such contract-- 7#a7 includes any terms1 conditions1 or costs that would prevent or restrict a third party who is in contract with the plan or issuer to provide a consumer decision-support tool from using relevant information regarding prescription drug benefits under the plan or coverage that are administered by the entity providing pharmacy benefit management services in contract with the plan or issuer2 or 7#b7 fails to clearly state that the entity providing pharmacy benefit management services is required to provide data required under paragraph 7#a7 in machine readable format for the operability1 implementation1 and utilization of any such consumer decision-support tool at no cost 7direct or indirect7 to the group health plan1 health insurance issuer1 or the third party providing such consumer decision support4 7b7 ,consumer decision-,support tool ,in this section1 the term consumer decision-support tool means a tool designed to inform participants and beneficiaries in a group health plan or health insurance coverage about all costs for prescription drugs covered by the plan or coverage1 including out-of-pocket1 copayment1 and coinsurance responsibility1 as well as additional savings opportunities through other channels such as manufacturer copayment assistance1 cash price1 and mail order pharmacy benefits4 4 7#b7 ,clerical amendment ,the table of contents in section #a of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajja et seq47 is amended by inserting after the item relating to section #gbe the following3 ,sec4 #gbf4 ,prohibition on blocking consumer decision-support tools4 4 7c7 ,internal ,revenue ,code 7#a7 ,in general ,subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #ihbf4 ,prohibition on blocking consumer decision-support tools 7a7 ,in general ,a group health plan offering group health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan if such contract-- 7#a7 includes any terms1 conditions1 or costs that would prevent or restrict a third party who is in contract with the plan to provide a consumer decision-support tool from using relevant information regarding prescription drug benefits under the plan that are administered by the entity providing pharmacy benefit management services in contract with the plan2 or 7#b7 fails to clearly state that the entity providing pharmacy benefit management services is required to provide data required under paragraph 7#a7 in machine readable format for the operability1 implementation1 and utilization of any such consumer decision-support tool at no cost 7direct or indirect7 to the group health plan or the third party providing such consumer decision support4 7b7 ,consumer decision-,support tool ,in this section1 the term consumer decision-support tool means a tool designed to inform participants and beneficiaries in a group health plan about all costs for prescription drugs covered by the plan1 including out-of-pocket1 copayment1 and coinsurance responsibility1 as well as additional savings opportunities through other channels such as manufacturer copayment assistance1 cash price1 and mail order pharmacy benefits4 4 7#b7 ,clerical amendment ,the table of sections for subchapter ,b of chapter #ajj of such ,code is amended by adding at the end the following new item3 ,sec4 #ihbf4 ,prohibition on blocking consumer decision-support tools4 4 7d7 ,application ,the amendments made by subsections 7a71 7b71 and 7c7 shall apply with respect to plan years beginning on or after the date that is #b years after the date of enactment of this ,act4 7e7 ,regulations ,the ,secretary of ,health and ,human ,services1 the ,secretary of ,labor1 and the ,secretary of the ,treasury shall jointly promulgate regulations to carry out the amendments made by subsections 7a71 7b71 and 7c71 and shall issue draft regulations not later than #a year after the date of enactment of this ,act4