HR 5385 · 118th Congress 2023–2025, ended

Medicare PBM Accountability Act

Latest action · Dec 17, 2024 Referred to the Subcommittee on Health.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedSep 12, 2023
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Medicare PBM Accountability Act

This bill establishes reporting requirements for pharmacy benefit managers (PBMs) under the Medicare prescription drug benefit and Medicare Advantage, particularly relating to the prices of prescription drugs.

Specifically, PBMs must (1) disclose certain information underlying cost performance measurements (e.g., exclusions and terms), and (2) report to prescription drug plan (PDP) sponsors (and to the Centers for Medicare & Medicaid Services upon request) an itemized list of prescription drugs that were dispensed during the previous year and related data about costs, claims, affiliated pharmacies, and other specified information. PDP sponsors may audit PBMs to ensure compliance with this bill's requirements and must annually certify their compliance; PBMs are responsible for any associated civil penalties for violations.

In addition, the Government Accountability Office must study federal and state reporting requirements for health plans and PBMs with respect to prescription drug price transparency and recommend ways to streamline these requirements.

Cosponsors 1

Members who signed on, in the order they did. All signed on Sep 12, 2023.

SeatCosponsorSigned on
R-TNDiana HarshbargerOriginalSep 12, 2023

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEnergy and Commerce Committee
Referred Sep 12, 2023Markup Dec 5, 2023Markup Dec 6, 2023
Health Subcommittee
Referred Sep 15, 2023Markup Nov 15, 2023Reported Nov 15, 2023
HouseWays and Means Committee
Referred Sep 12, 2023
Health Subcommittee
Referred Dec 17, 2024

Actions 9

Everything that happened, newest first.

  1. Dec 17, 2024Referred to the Subcommittee on Health.
  2. Dec 6, 2023Committee Consideration and Mark-up Session Held
  3. Dec 6, 2023Ordered to be Reported (Amended) by the Yeas and Nays: 44 - 0.
  4. Dec 5, 2023Committee Consideration and Mark-up Session Held
  5. Nov 15, 2023Subcommittee Consideration and Mark-up Session Held
  6. Nov 15, 2023Forwarded by Subcommittee to Full Committee by Voice Vote.
  7. Sep 15, 2023Referred to the Subcommittee on Health.
  8. Sep 12, 2023Introduced in House
  9. Sep 12, 2023Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Congressional Budget Office cost estimate

  1. Mar 13, 2024H.R. 5385, Medicare PBM Accountability ActAs ordered reported by the House Committee on Energy and Commerce on December 6, 2023

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 3 The single subject of this legislation is: The Medicare PBM Accountability Act would require more transparency for pharmacy benefit managers when contracting with Medicare-related prescription drug plans.

The sponsor’s statement, as printed in the Congressional Record, vol. 169, no. 147, September 12, 2023, page H4264.

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 2254Medicare PBM Accountability ActIdentical billJul 12, 2023
S 2973Modernizing and Ensuring PBM Accountability ActRelated billDec 7, 2023

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend title XVIII of the Social Security Act to establish pharmacy benefit manager reporting requirements with respect to prescription drug plans and MA-PD plans under Medicare part D.
Short Title(s) as Introduced
Medicare PBM Accountability Act

Subjects

Assigned by the Library of Congress. Policy area: Health.

Text 1

Each version as it was printed, newest first.

  1. Sep 12, 2023Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.