[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2963 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2963
To amend title XIX of the Social Security Act to require the Secretary
of Health and Human Services to make publicly available medicaid drug
pricing information.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2000
Mr. Bryan (for himself Mr. Graham, and Mr. Gorton) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to require the Secretary
of Health and Human Services to make publicly available medicaid drug
pricing information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Awareness of Market-Based
Drug Prices Act of 2000''.
SEC. 2. PUBLIC DISCLOSURE OF MARKET-BASED DRUG PRICING INFORMATION.
(a) In General.--Section 1927(b)(3)(D) of the Social Security Act
(42 U.S.C. 1396r-8(b)(3)(D)) is amended to read as follows:
``(D) Public availability of information.--
``(i) Timely availability of information.--
Notwithstanding any other provision of law,
with respect to a manufacturer with an
agreement in effect under this section, not
later than 30 days after the date the Secretary
receives from such manufacturer the information
required to be reported under this paragraph
(or verifies such information with a
wholesaler), the Secretary shall make the
information described in clause (ii), including
the identity of the manufacturer to which the
information applies, publicly available through
the Internet or other means of communication.
``(ii) Information described.--The
information described in this clause is the
following:
``(I) Average manufacturer's
price.--The average manufacturer price
(as defined in subsection (k)(1)) for
each of the manufacturer's covered
outpatient drugs.
``(II) Best price.--With respect to
single source drugs and innovator
multiple source drugs, the
manufacturer's best price (as defined
in subsection (c)(1)(C)) for each of
the manufacturer's covered outpatient
drugs.
``(III) Base average manufacturer
price and initial average manufacturer
price for newly marketed drugs used to
determine an additional rebate for
single source and innovator multiple
source drugs.--The average manufacturer
price described in subparagraphs
(A)(ii)(II) (without regard to the
percentage increase determined under
that subparagraph) and (B) of
subsection (c)(2) for each dosage form
and strength of a single source drug or
an innovator multiple source drug used
to determine, with respect to a rebate
period, an additional rebate for such
dosage form and strength for such a
drug.
``(iii) Nondisclosure of certain
information.--Notwithstanding any other
provision of law, information disclosed by
manufacturers (or verified with wholesalers)
under an agreement with the Secretary of
Veterans Affairs described in subsection
(a)(6)(A) may not be disclosed except--
``(I) as the Secretary determines
to be necessary to carry out this
section;
``(II) to permit the Comptroller
General to review the information
provided; or
``(III) to permit the Director of
the Congressional Budget Office to
review the information provided.
``(iv) Rule of construction.--Nothing in
this subparagraph shall be construed as
affecting any requirement applicable to the
Secretary of Veterans Affairs regarding the
confidentiality of information required to be
disclosed to the Secretary of Veterans Affairs
by a manufacturer under section 8126 of title
38, United States Code.''.
(b) Effective Date; Implementation.--
(1) Effective date.--The amendments made by subsection (a)
take effect upon the date of enactment of this Act and apply to
the most recent reported price information under section
1927(b)(3) of the Social Security Act (42 U.S.C. 1396r-8(b)(3))
as of such date, and all such information reported under such
section after such date.
(2) Additional period for implementation.--Notwithstanding
the 30-day requirement for the public availability of market-
based drug pricing information under section 1927(b)(3)(D)(i)
of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(D)(i)),
with respect to the initial public availability of such
information, the Secretary of Health and Human Services shall
have up to 90 days from the date of the enactment of this Act
in which to make such information so available.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out section
1927(b)(3)(D) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(D)),
as amended by section 2(a), such sums as may be necessary to carry out
such section. Amounts appropriated pursuant to this section shall be in
addition to amounts otherwise appropriated to carry out title XIX of
such Act (42 U.S.C. 1396 et seq.).
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