SenateS. 5496119th Congress

Health CARE Act of 2026

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5496 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  2d Session
                                S. 5496

         To expand access to and lower the cost of health care.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2026

  Mr. Warner introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
         To expand access to and lower the cost of health care.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Health for the 
Commonwealth through Affordability, Reform, and Expansion Act of 2026'' 
or the ``Health CARE Act of 2026''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
           TITLE I--RESTORING HEALTH CARE AND LOWERING COSTS

Sec. 101. Repeal of reconciliation health provisions.
Sec. 102. Permanent extension of enhanced tax credit.
Sec. 103. Promoting consumer outreach and education.
                TITLE II--PATHWAY TO UNIVERSAL COVERAGE

Sec. 201. Establishment of health plan.
Sec. 202. Availability of plan.
Sec. 203. Affordability.
Sec. 204. Participating providers.
Sec. 205. Provider payment rates.
Sec. 206. No effect on Medicare benefits or Medicare trust funds.
                   TITLE III--STRENGTHENING MEDICAID

Sec. 301. Increased FMAP for medical assistance to newly eligible 
                            individuals.
Sec. 302. Supporting State Medicaid programs through economic 
                            downturns.
                     TITLE IV--LOWERING DRUG COSTS

Sec. 401. Expanding Medicare drug price negotiation.
Sec. 402. Application of prescription drug inflation rebates to drugs 
                            furnished in the commercial market.
Sec. 403. Establishing an out-of-pocket limit on expenditures for 
                            prescription drugs under group health plans 
                            and group and individual health insurance 
                            coverage.
Sec. 404. Requirements with respect to cost-sharing for insulin 
                            products.
  TITLE V--ENSURING QUALITY HEALTH INSURANCE AND REMOVING BARRIERS TO 
                                  CARE

Sec. 501. Required exceptions process for medication step therapy 
                            protocols.
Sec. 502. Establishing requirements with respect to the use of prior 
                            authorization under Medicare Advantage 
                            plans.
Sec. 503. Special enrollment period for provider terminations.
Sec. 504. Providing coverage for hearing care under the Medicare 
                            program.
                  TITLE VI--LOWERING THE COST OF CARE

Sec. 601. Strengthening hospital price transparency.
Sec. 602. Clinical diagnostic laboratory price transparency.
Sec. 603. Imaging services price transparency.
Sec. 604. Ambulatory surgical center price transparency.
Sec. 605. Strengthening health coverage transparency requirements.
Sec. 606. Increasing group health plan access to health data.
Sec. 607. Oversight of administrative service providers.
Sec. 608. State preemption only in event of conflict.
Sec. 609. Requirement for explanation of benefits.
Sec. 610. Transparency in billing.
Sec. 611. Technical amendments.
Sec. 612. Implementation and enforcement funding.
          TITLE VII--REFORMING PBMS AND PROTECTING PHARMACIES

Sec. 701. Ensuring accurate payments to pharmacies under Medicaid.
Sec. 702. Preventing the use of abusive spread pricing in Medicaid.

           TITLE I--RESTORING HEALTH CARE AND LOWERING COSTS

SEC. 101. REPEAL OF RECONCILIATION HEALTH PROVISIONS.

    (a) In General.--Except as provided in subsection (b), subtitle B 
of title VII of the Act titled ``An Act to provide for reconciliation 
pursuant to title II of H. Con. Res. 14'' (Public Law 119-21) is 
repealed and any law or regulation referred to in such subtitle shall 
be applied as if such subtitle and the amendments made by such subtitle 
had not been enacted.
    (b) Exceptions.--Subsection (a) shall not apply to the provisions 
of and amendments made by sections 71202, 71306, and 71401 of such Act.
    (c) Rescission.--
            (1) OBBBA implementation funding.--The unobligated amounts 
        appropriated under the following provisions of the Act titled 
        ``An Act to provide for reconciliation pursuant to title II of 
        H. Con. Res. 14'' (Public Law 119-21) are hereby rescinded:
                    (A) Section 71101(b).
                    (B) Section 71107(c).
                    (C) Section 71109(c).
                    (D) Section 71110(b).
                    (E) Section 71112(e).
                    (F) Section 71113(c).
                    (G) Section 71115(c).
                    (H) Section 71116(e).
                    (I) Section 71118(b).
                    (J) Subsections (e) and (f) of section 71119.
                    (K) Section 71120(c).
                    (L) Section 71121(b).
            (2) Title xix funding.--The unobligated amounts 
        appropriated under section 1902(uu)(3) of the Social Security 
        Act (42 U.S.C. 1396a(uu)(3)), as repealed by subsection (a), 
        are hereby rescinded.

SEC. 102. PERMANENT EXTENSION OF ENHANCED TAX CREDIT.

    (a) In General.--Subparagraph (A) of section 36B(c)(1) of the 
Internal Revenue Code of 1986 is amended by striking ``but does not 
exceed 400 percent''.
    (b) Applicable Percentages.--
            (1) In general.--Subparagraph (A) of section 36B(b)(3) of 
        the Internal Revenue Code of 1986 is amended to read as 
        follows:
                    ``(A) Applicable percentage.--The applicable 
                percentage for any taxable year shall be the percentage 
                such that the applicable percentage for any taxpayer 
                whose household income is within an income tier 
                specified in the following table shall increase, on a 
                sliding scale in a linear manner, from the initial 
                premium percentage to the final premium percentage 
                specified in such table for such income tier:

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        ''.    (2) Conforming amendments relating to affordability of 
        coverage.--
                    (A) Paragraph (1) of section 36B(c) of such Code is 
                amended by striking subparagraph (E).
                    (B) Subparagraph (C) of section 36B(c)(2) of such 
                Code is amended by striking clause (iv).
                    (C) Paragraph (4) of section 36B(c) of such Code is 
                amended by striking subparagraph (F).
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2026.

SEC. 103. PROMOTING CONSUMER OUTREACH AND EDUCATION.

    (a) In General.--Section 1311(i) of the Patient Protection and 
Affordable Care Act (42 U.S.C. 18031(i)) is amended--
            (1) in paragraph (2), by adding at the end the following 
        new subparagraph:
                    ``(C) Selection of recipients.--In the case of an 
                Exchange established and operated by the Secretary 
                within a State pursuant to section 1321(c), in awarding 
                grants under paragraph (1), the Exchange shall--
                            ``(i) select entities to receive such 
                        grants based on an entity's demonstrated 
                        capacity to carry out each of the duties 
                        specified in paragraph (3);
                            ``(ii) not take into account whether or not 
                        the entity has demonstrated how the entity will 
                        provide information to individuals relating to 
                        group health plans offered by a group or 
                        association of employers or short-term limited 
                        duration insurance (as defined by the Secretary 
                        for purposes of section 2791(b)(5) of the 
                        Public Health Service Act); and
                            ``(iii) ensure that, each year, the 
                        Exchange awards such a grant to--
                                    ``(I) at least one entity described 
                                in this paragraph that is a community 
                                and consumer-focused nonprofit group; 
                                and
                                    ``(II) at least one entity 
                                described in subparagraph (B), which 
                                may include another community and 
                                consumer-focused nonprofit group in 
                                addition to any such group awarded a 
                                grant pursuant to subclause (I).
                In awarding such grants, an Exchange may consider an 
                entity's record with respect to waste, fraud, and abuse 
                for purposes of maintaining the integrity of such 
                Exchange.'';
            (2) in paragraph (3)--
                    (A) by amending subparagraph (C) to read as 
                follows:
                    ``(C) facilitate enrollment, including with respect 
                to individuals with limited English proficiency and 
                individuals with chronic illnesses, in qualified health 
                plans, State Medicaid plans under title XIX of the 
                Social Security Act, and State child health plans under 
                title XXI of such Act;'';
                    (B) in subparagraph (D), by striking ``and'' at the 
                end;
                    (C) in subparagraph (E), by striking the period at 
                the end and inserting ``; and'';
                    (D) by inserting after subparagraph (E) the 
                following new subparagraph:
                    ``(F) provide referrals to community-based 
                organizations that address social needs related to 
                health outcomes.''; and
                    (E) by adding at the end the following flush text:
        ``The duties specified in the preceding sentence may be carried 
        out by such a navigator at any time during a year.'';
            (3) in paragraph (4)(A)--
                    (A) in the matter preceding clause (i), by striking 
                ``not'';
                    (B) in clause (i)--
                            (i) by inserting ``not'' before ``be''; and
                            (ii) by striking ``; or'' and inserting a 
                        semicolon;
                    (C) in clause (ii)--
                            (i) by inserting ``not'' before 
                        ``receive''; and
                            (ii) by striking the period and inserting a 
                        semicolon; and
                    (D) by adding at the end the following new clauses:
                            ``(iii) maintain physical presence in the 
                        State of the Exchange so as to allow in-person 
                        assistance to consumers; and
                            ``(iv) receive opioid specific education 
                        and training that ensures the navigator can 
                        best educate individuals on qualified health 
                        plans offered through an Exchange, specifically 
                        coverage under such plans for opioid health 
                        care treatment.''; and
            (4) in paragraph (6)--
                    (A) by striking ``Grants under'' and inserting the 
                following:
                    ``(A) State exchanges.--Grants under''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Federal exchanges.--For purposes of carrying 
                out this subsection, with respect to an Exchange 
                established and operated by the Secretary within a 
                State pursuant to section 1321(c), the Secretary shall 
                obligate $100,000,000 out of amounts collected through 
                the user fees on participating health insurance issuers 
                pursuant to section 156.50 of title 45, Code of Federal 
                Regulations (or any successor regulations), for fiscal 
                year 2027 and each subsequent fiscal year. Such amount 
                for a fiscal year shall remain available until 
                expended.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to plan years beginning on or after January 1, 2027.

                TITLE II--PATHWAY TO UNIVERSAL COVERAGE

SEC. 201. ESTABLISHMENT OF HEALTH PLAN.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this title as the ``Secretary'') shall establish a 
coordinated and low-cost health plan (referred to in this title as the 
``health plan'') to provide access to quality health care for 
enrollees.
    (b) Individual Market Availability.--The Secretary shall make the 
health plan available in the individual market for plan year 2028 and 
each subsequent plan year.
    (c) Rulemaking.--The Secretary may promulgate such regulations as 
may be necessary to carry out this title.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this title.

SEC. 202. AVAILABILITY OF PLAN.

    (a) Eligibility.--An individual shall be eligible to enroll in the 
health plan if such individual, for the entire period for which 
enrollment is sought--
            (1) is a qualified individual within the meaning of section 
        1312 of the Patient Protection and Affordable Care Act (42 
        U.S.C. 18032);
            (2) is not eligible for benefits under the Medicare program 
        under title XVIII of the Social Security Act (42 U.S.C. 1395 et 
        seq.); and
            (3) is not otherwise eligible for, or has been otherwise 
        offered, employer-sponsored health care coverage.
    (b) Exchanges.--The health plan shall be made available through the 
Exchanges, including the Small Business Health Options Program 
Exchange.

SEC. 203. AFFORDABILITY.

    The Secretary shall ensure that coverage options for the health 
plan are not more costly than comparable options offered on the 
Exchange in the applicable market.

SEC. 204. PARTICIPATING PROVIDERS.

    (a) Requirement To Participate in Order To Be Enrolled Under 
Medicare.--Beginning January 1, 2028, the Secretary may require a 
health care provider enrolled under the Medicare program under section 
1866(j) of the Social Security Act (42 U.S.C. 1395cc(j)) to be a 
participating provider under the health plan.
    (b) Requirement To Participate in Order To Participate in 
Medicaid.--Beginning January 1, 2028, the Secretary may require a 
health care provider under a State Medicaid plan under title XIX of the 
Social Security Act (42 U.S.C. 1396 et seq.) to also be a participating 
provider under the health plan.

SEC. 205. PROVIDER PAYMENT RATES.

    The Secretary shall set competitive provider payment rates under 
the health plan using the best information publicly available and data 
otherwise accessible to the Secretary. The Secretary shall give 
consideration to existing provider payment rates for commercial health 
plans and provider costs to deliver care, giving special consideration 
to increased costs for providers to deliver care in rural and medically 
underserved areas.

SEC. 206. NO EFFECT ON MEDICARE BENEFITS OR MEDICARE TRUST FUNDS.

    Nothing in this title shall--
            (1) affect the benefits available under title XVIII of the 
        Social Security Act (42 U.S.C. 1395 et seq.); or
            (2) impact the Federal Hospital Insurance Trust Fund under 
        section 1817 of the Social Security Act (42 U.S.C. 1395i) or 
        the Federal Supplementary Medical Insurance Trust Fund under 
        section 1841 of the Social Security Act (42 U.S.C. 1395t) 
        (including the Medicare Prescription Drug Account within such 
        Trust Fund).

                   TITLE III--STRENGTHENING MEDICAID

SEC. 301. INCREASED FMAP FOR MEDICAL ASSISTANCE TO NEWLY ELIGIBLE 
              INDIVIDUALS.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended--
            (1) in subsection (y)(1)--
                    (A) in subparagraph (A), by striking ``2014, 2015, 
                and 2016'' and inserting ``each of the first 3 
                consecutive 12-month periods in which the State 
                provides medical assistance to newly eligible 
                individuals'';
                    (B) in subparagraph (B), by striking ``2017'' and 
                inserting ``the fourth consecutive 12-month period in 
                which the State provides medical assistance to newly 
                eligible individuals'';
                    (C) in subparagraph (C), by striking ``2018'' and 
                inserting ``the fifth consecutive 12-month period in 
                which the State provides medical assistance to newly 
                eligible individuals'';
                    (D) in subparagraph (D), by striking ``2019'' and 
                inserting ``the sixth consecutive 12-month period in 
                which the State provides medical assistance to newly 
                eligible individuals''; and
                    (E) in subparagraph (E), by striking ``2020 and 
                each year thereafter'' and inserting ``the seventh 
                consecutive 12-month period in which the State provides 
                medical assistance to newly eligible individuals and 
                each such period thereafter''; and
            (2) in subsection (z)(2)(B)(i)(II), by inserting ``(as in 
        effect on the day before the enactment of the Health CARE Act 
        of 2026)'' after ``subsection (y)(1)''.
    (b) Retroactive Application.--The amendments made by subsection 
(a)(1) shall take effect as if included in the enactment of Public Law 
111-148 and shall apply to amounts expended by any State for medical 
assistance for newly eligible individuals described in subclause (VIII) 
of section 1902(a)(10)(A)(i) of the Social Security Act under a State 
Medicaid plan (or a waiver of such plan) during the period before the 
date of enactment of this Act.

SEC. 302. SUPPORTING STATE MEDICAID PROGRAMS THROUGH ECONOMIC 
              DOWNTURNS.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended--
            (1) in subsection (b), by striking ``and (ii)'' and 
        inserting ``(ii), and (ll)''; and
            (2) by adding at the end the following new subsection:
    ``(ll) Increased FMAP During Economic Downturns.--
            ``(1) In general.--If a fiscal quarter that begins on or 
        after January 1, 2026, is an economic downturn quarter (as 
        defined in paragraph (2)) with respect to a State, then the 
        Federal medical assistance percentage determined for each State 
        for such quarter under subsection (b) shall be equal to the 
        percentage determined for the State and quarter under paragraph 
        (3).
            ``(2) Economic downturn quarter.--
                    ``(A) In general.--
                            ``(i) In general.--In this subsection, the 
                        term `economic downturn quarter' means, with 
                        respect to a State, a fiscal quarter during 
                        which the State's unemployment rate for the 
                        quarter exceeds the percentage determined for 
                        the State and quarter under clause (ii).
                            ``(ii) Threshold percentage.--The 
                        percentage determined under this clause for a 
                        State and fiscal quarter is the percentage 
                        equal to the lower of--
                                    ``(I) the State unemployment rate 
                                at the 20th percentile of the 
                                distribution of the State's quarterly 
                                unemployment rates for the 60-quarter 
                                period preceding the quarter involved, 
                                increased by 1 percentage point; and
                                    ``(II) the State's average 
                                quarterly unemployment rate for the 12-
                                quarter period preceding the quarter 
                                involved, increased by 1 percentage 
                                point.
                    ``(B) Unemployment data.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), for purposes of determining 
                        unemployment rates for a State and a quarter 
                        under this paragraph, the Secretary shall use 
                        data from the Local Area Unemployment 
                        Statistics from the Bureau of Labor Statistics.
                            ``(ii) Application to certain 
                        territories.--In the case of the Virgin 
                        Islands, Guam, the Northern Mariana Islands, 
                        American Samoa, or any other jurisdiction for 
                        which suitable data from the Local Area 
                        Unemployment Statistics from the Bureau of 
                        Labor Statistics are unavailable, the Secretary 
                        shall use data from the U-3 unemployment 
                        measure of the Bureau of Labor Statistics to 
                        make any necessary determinations under 
                        subparagraph (A).
            ``(3) Increased fmap during economic downturn quarter.--
                    ``(A) In general.--During a fiscal quarter that is 
                an economic downturn quarter with respect to a State, 
                the Federal medical assistance percentage for the State 
                and quarter determined under subsection (b) shall be 
                equal to--
                            ``(i) the Federal medical assistance 
                        percentage determined for the State and quarter 
                        under subsection (b) without regard to this 
                        subsection; increased by
                            ``(ii) the number of percentage points 
                        (rounded to the nearest tenth of a percentage 
                        point) equal to the product of--
                                    ``(I) the number of percentage 
                                points (rounded to the nearest tenth of 
                                a percentage point) by which the 
                                unemployment rate for the State and 
                                quarter exceeds the percentage 
                                determined for the State and quarter 
                                under paragraph (2)(A)(ii); and
                                    ``(II) 4.8.
                    ``(B) Rules of application.--The following rules 
                shall apply with respect to the Federal medical 
                assistance percentage determined for a State and an 
                economic downturn quarter under this subsection:
                            ``(i) Scope of application.--Such Federal 
                        medical assistance percentage shall not apply 
                        for purposes of--
                                    ``(I) disproportionate share 
                                hospital payments described in section 
                                1923;
                                    ``(II) payments under part D of 
                                title IV; or
                                    ``(III) any payments under this 
                                title that are based on a Federal 
                                medical assistance percentage 
                                determined for a State under subsection 
                                (aa) (but only to the extent that such 
                                Federal medical assistance percentage 
                                is higher than the economic recovery 
                                FMAP).
                            ``(ii) Limitation.--In no case shall--
                                    ``(I) the Federal medical 
                                assistance percentage determined for a 
                                State and quarter pursuant to this 
                                subsection exceed 95 percent; or
                                    ``(II) any increase to the Federal 
                                medical assistance percentage 
                                determined for a State and quarter 
                                pursuant to this subsection result in 
                                the application of a Federal medical 
                                assistance percentage that exceeds 95 
                                percent.
                            ``(iii) Application to chip.--
                        Notwithstanding the first sentence of section 
                        2105(b), the application of this subsection may 
                        result in the enhanced FMAP of a State for a 
                        fiscal year under such section exceeding 85 
                        percent, but in no case may the application of 
                        this subsection before application of the 
                        second sentence of such section result in the 
                        enhanced FMAP of the State exceeding 95 
                        percent.
            ``(4) Advance payment; retrospective adjustment.--
                    ``(A) In general.--Prior to the beginning of the 
                second fiscal quarter that begins after the date of 
                enactment of this subsection, and each subsequent 
                fiscal quarter, the Secretary shall, with respect to 
                each State--
                            ``(i) make an initial determination, based 
                        on the projections made for the State and 
                        quarter under subparagraph (B), as to--
                                    ``(I) whether the application of 
                                this subsection is expected to result 
                                in the application of a higher Federal 
                                medical assistance percentage for the 
                                State and quarter than the percentage 
                                that would otherwise apply without 
                                regard to this subsection; and
                                    ``(II) if the application of this 
                                subsection is expected to result in 
                                such a higher Federal medical 
                                assistance percentage for the State and 
                                quarter, what such higher percentage is 
                                expected to be; and
                            ``(ii) if the Secretary determines under 
                        clause (i) that the application of this 
                        subsection is expected to result in the 
                        application of a higher Federal medical 
                        assistance percentage for the State and quarter 
                        than the percentage that would otherwise apply 
                        without regard to this subsection--
                                    ``(I) apply such higher Federal 
                                medical assistance percentage of the 
                                State for purposes of making payments 
                                to the State for amounts expended 
                                during such quarter as medical 
                                assistance under the State plan; and
                                    ``(II) take into account such 
                                higher Federal medical assistance 
                                percentage of the State for purposes of 
                                calculating the enhanced FMAP for the 
                                State and quarter under section 
                                2105(b).
                    ``(B) Projection of state unemployment rates.--
                Prior to the beginning of the second fiscal quarter 
                that begins after the date of enactment of this 
                subsection, and each subsequent fiscal quarter, the 
                Secretary, acting through the Chief Actuary of the 
                Centers for Medicare & Medicaid Services, shall, using 
                the most recently available data described in paragraph 
                (2)(B), make projections with respect to--
                            ``(i) the unemployment rates for each State 
                        for such quarter;
                            ``(ii) the threshold percentages described 
                        in paragraph (2)(A)(ii) for each State for such 
                        quarter; and
                            ``(iii) the national unemployment rate for 
                        such quarter.
                    ``(C) Retrospective adjustment.--As soon as 
                practicable after final unemployment data becomes 
                available for a fiscal quarter for which the Secretary 
                made an initial determination under this paragraph, the 
                Secretary shall, with respect to each State--
                            ``(i) make a final determination with 
                        respect to the application of this subsection 
                        for purposes of determining the Federal medical 
                        assistance percentage and enhanced FMAP of the 
                        State for the quarter; and
                            ``(ii) in accordance with section 
                        1903(d)(2) and section 2105(e), reduce or 
                        increase the amount payable to the State under 
                        section 1903(a) or section 2105 for a 
                        subsequent fiscal quarter to the extent of any 
                        overpayment or underpayment under either such 
                        section which the Secretary determines was made 
                        as a result of an incorrect initial 
                        determination under subparagraph (A)(i) with 
                        respect to the application of this subsection 
                        for purposes of determining the Federal medical 
                        assistance percentage and enhanced FMAP of the 
                        State for such prior fiscal quarter.
            ``(5) Retrospective application of over-the-limit fmap 
        increases.--
                    ``(A) In general.--If a State has excess percentage 
                points with respect to an economic downturn quarter and 
                an applicable FMAP (as determined under subparagraph 
                (B)), the State may elect to apply such excess 
                percentage points to increase such applicable FMAP for 
                one or more quarters during the look-back period for 
                the State and economic downturn quarter in accordance 
                with this paragraph.
                    ``(B) Excess percentage points.--For purposes of 
                this paragraph, the number of excess percentage points 
                for a State, economic downturn quarter, and an 
                applicable FMAP shall be equal to the number of 
                percentage points by which--
                            ``(i) the applicable FMAP for the State and 
                        quarter (after application of paragraph (3) but 
                        without regard to subparagraph (B)(ii) of such 
                        paragraph); exceeds
                            ``(ii) 95 percent.
                    ``(C) Effect of application of excess percentage 
                points.--If a State elects to apply excess percentage 
                points to an applicable FMAP to a quarter during a 
                look-back period under this paragraph, the Secretary 
                shall determine the additional amount of payment under 
                section 1903(a) to which the State would have been 
                entitled for such quarter if the applicable FMAP (as so 
                increased) had been in effect for such quarter, and 
                shall treat such additional amount as an underpayment 
                for such quarter.
                    ``(D) Distribution of excess percentage points.--A 
                State that has excess percentage points with respect to 
                an economic downturn quarter and applicable FMAP may 
                elect to divide such points among more than 1 quarter 
                during the look-back period for such State and quarter 
                provided that no excess percentage point (or fraction 
                of an excess percentage point) is applied to the 
                applicable FMAP of more than 1 quarter.
                    ``(E) Limitations.--
                            ``(i) No increases over 100 percent.--A 
                        State may not increase an applicable FMAP for 
                        any quarter during a look-back period under 
                        this paragraph if such increase would result in 
                        the applicable FMAP for such quarter exceeding 
                        100 percent.
                            ``(ii) Scope of application.--Any increase 
                        to an applicable FMAP of a State for a fiscal 
                        quarter under this paragraph--
                                    ``(I) shall only apply with respect 
                                to payments for amounts expended by the 
                                State for medical assistance for 
                                services furnished during such quarter 
                                to which such applicable FMAP is 
                                applicable; and
                                    ``(II) shall not apply with respect 
                                to payments described in paragraph 
                                (3)(B)(i).
                    ``(F) Definitions.--In this paragraph:
                            ``(i) Applicable fmap.--The term 
                        `applicable FMAP' means, with respect to a 
                        State and fiscal quarter--
                                    ``(I) the Federal medical 
                                assistance percentage determined for 
                                the State and quarter under subsection 
                                (b);
                                    ``(II) the Federal medical 
                                assistance percentage applicable under 
                                subsection (y);
                                    ``(III) the Federal medical 
                                assistance percentage applicable under 
                                subsection (z)(2);
                                    ``(IV) the Federal medical 
                                assistance percentage determined for 
                                the State and quarter under subsection 
                                (ff); or
                                    ``(V) the enhanced FMAP determined 
                                for the State and quarter under section 
                                2105(b).
                            ``(ii) Look-back period.--The term `look-
                        back period' means, with respect to a State and 
                        a fiscal quarter that is an economic downturn 
                        quarter for the State, the period of 4 fiscal 
                        quarters that ends with the fourth quarter 
                        which precedes the most recent fiscal quarters 
                        that was not an economic downturn quarter for 
                        the State.
            ``(6) Requirement for all states.--This subsection shall 
        not apply to a State with respect to a fiscal quarter, if--
                    ``(A) eligibility standards, methodologies, or 
                procedures under the State plan or a waiver of such 
                plan are more restrictive during such quarter than the 
                eligibility standards, methodologies, or procedures, 
                respectively, under such plan (or waiver) as in effect 
                on the last day of the most recent fiscal quarter that 
                was not an economic downturn quarter for the State;
                    ``(B) the amount of any premium imposed by the 
                State pursuant to section 1916 or 1916A during such 
                quarter, with respect to an individual enrolled under 
                such plan (or waiver), exceeds the amount of such 
                premium as of the date described in subparagraph (A); 
                or
                    ``(C) the State fails to provide that an individual 
                who is enrolled for benefits under such plan (or 
                waiver) as of the date described in subparagraph (A) or 
                enrolls for benefits under such plan (or waiver) during 
                the period beginning with such date and ending with the 
                day before the first day of the next quarter that is 
                not an economic downturn quarter for the State shall be 
                treated as eligible for such benefits for not less than 
                12 months after such date or (if later) the date that 
                such individual so enrolls unless the individual 
                requests a voluntary termination of eligibility or the 
                individual ceases to be a resident of the State.''.
    (b) Exclusion of Economic Downturn FMAP Increases From Territorial 
Caps; Special Rule for CHIP Allotments.--
            (1) Exclusion from territorial caps.--Section 1108 of the 
        Social Security Act (42 U.S.C. 1308) is amended--
                    (A) in subsection (f), in the matter preceding 
                paragraph (1), by striking ``subsections (g) and (h)'' 
                and inserting ``subsections (g), (h), and (j)''; and
                    (B) by adding at the end the following:
    ``(j) Exclusion From Caps of Amounts Attributable to Economic 
Downturn FMAP.--Any payment made to a territory for a fiscal year in 
which the Federal medical assistance percentage for the territory is 
determined under section 1905(ll) shall not be taken into account for 
purposes of applying payment limits under subsections (f) and (g) to 
the extent that such payment exceeds the amount of the payment that 
would have been made to the territory for the year if the Federal 
medical assistance percentage for the territory had been determined 
without regard to such section.''.
            (2) CHIP allotments.--Section 2104(m) of the Social 
        Security Act (42 U.S.C. 1397dd(m)) is amended--
                    (A) in paragraph (2)(B), in the matter preceding 
                clause (i), by striking ``paragraphs (5), (7), and 
                (12)'' and inserting ``paragraphs (5), (7), (12), and 
                (13)''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(13) Special rule for adjusting allotments during fiscal 
        years with economic downturn quarters.--
                    ``(A) In general.--If a fiscal quarter is 
                determined under section 1905(ll) to be an economic 
                downturn quarter with respect to a State then, as soon 
                as practicable after such determination, the Secretary 
                shall increase the allotment for the State and the 
                fiscal year in which such fiscal quarter occurs in 
                accordance with subparagraph (B).
                    ``(B) Amount of increase.--
                            ``(i) In general.--The amount of an 
                        increase to the allotment of a State described 
                        in subparagraph (A) for a fiscal year shall be 
                        equal to the amount by which Federal payments 
                        made to the State for the preceding fiscal year 
                        under this title would have been increased 
                        (without regard to whether such payments would 
                        exceed the amount of the State's allotment for 
                        such preceding fiscal year) if the enhanced 
                        FMAP determined for the State for such 
                        preceding fiscal year had been increased to the 
                        same extent that the State's enhanced FMAP for 
                        the fiscal year involved is expected to be 
                        increased as a result of the application of 
                        section 1905(ll) relative to the enhanced FMAP 
                        that would apply to the State for the fiscal 
                        year involved without the application of such 
                        section.
                            ``(ii) Inclusion of projected increases.--
                        In increasing the allotment of a State for a 
                        fiscal year under this paragraph, the Secretary 
                        may base the calculation of such increase on 
                        projections made by the Secretary with respect 
                        to--
                                    ``(I) the number of fiscal quarters 
                                during such fiscal year that will be 
                                economic downturn quarters; and
                                    ``(II) the effect that the 
                                application of section 1905(ll) is 
                                expected to have on the enhanced FMAP 
                                of the State for such fiscal year.
                    ``(C) Disregard of increased payments for purposes 
                of future allotments.--Any Federal payment made to a 
                State under this title for a fiscal year in which the 
                Federal medical assistance percentage for the State is 
                determined under section 1905(ll) shall be disregarded 
                when determining the allotment of the State for any 
                subsequent year, including for purposes of applying 
                this paragraph, to the extent that such payment exceeds 
                the amount of the payment that would have been made to 
                the State for the year if the Federal medical 
                assistance percentage for the State and year had been 
                determined without regard to such section.''.

                     TITLE IV--LOWERING DRUG COSTS

SEC. 401. EXPANDING MEDICARE DRUG PRICE NEGOTIATION.

    (a) In General.--Section 1192(a) of the Social Security Act (42 
U.S.C. 1320f-1(a)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4)--
                    (A) by striking ``or a subsequent year''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (3) by adding at the end the following:
            ``(5) with respect to the initial price applicability year 
        2030, 30 negotiation-eligible drugs described in subparagraph 
        (A) or (B) of subsection (d)(1) with respect to such year (or, 
        all (if such number is less than 30) such negotiation-eligible 
        drugs with respect to such year);
            ``(6) with respect to the initial price applicability year 
        2031, 40 negotiation-eligible drugs described in subparagraph 
        (A) or (B) of subsection (d)(1) with respect to such year (or, 
        all (if such number is less than 40) such negotiation-eligible 
        drugs with respect to such year); and
            ``(7) with respect to the initial price applicability year 
        2032 or a subsequent year, 50 negotiation-eligible drugs 
        described in subparagraph (A) or (B) of subsection (d)(1).''.
    (b) Expansion of Definition of Maximum Fair Price Eligible 
Individual.--Section 1191(c)(2) of the Social Security Act (42 U.S.C. 
1320f(c)(2)) is amended--
            (1) in subparagraph (A), by inserting ``, or a participant, 
        beneficiary, or enrollee who is enrolled under a group health 
        plan or health insurance coverage offered in the group or 
        individual market (as such terms are defined in section 2791 of 
        the Public Health Service Act) with respect to which there is 
        in effect an agreement with the Secretary under section 1197 
        with respect to such selected drug as so furnished or 
        dispensed'' after ``such selected drug''; and
            (2) in subparagraph (B), by inserting ``, or a participant, 
        beneficiary, or enrollee who is enrolled under a group health 
        plan or health insurance coverage offered in the group or 
        individual market (as such terms are defined in section 2791 of 
        the Public Health Service Act) with respect to which there is 
        in effect an agreement with the Secretary under section 1197 
        with respect to such selected drug as so furnished or 
        administered'' after ``such selected drug''.
    (c) Application of Administrative Procedures to New Maximum Fair 
Price Eligible Individuals.--Section 1196(a)(3) of the Social Security 
Act (42 U.S.C. 1320f-5(a)(3)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) maximum fair price eligible individuals not 
                described in subparagraph (A) or (B).''.
    (d) Health Insurer Agreements.--Part E of title XI of the Social 
Security Act (42 U.S.C. 1320f et seq.) is amended--
            (1) by redesignating sections 1197 and 1198 as sections 
        1198 and 1199, respectively; and
            (2) by inserting after section 1196 the following new 
        section:

``SEC. 1197. VOLUNTARY PARTICIPATION BY OTHER HEALTH PLANS.

    ``(a) Agreement To Participate Under Program.--
            ``(1) In general.--Subject to paragraph (2), under the 
        program under this part the Secretary shall be treated as 
        having in effect an agreement with a group health plan or 
        health insurance issuer offering group or individual health 
        insurance coverage (as such terms are defined in section 2791 
        of the Public Health Service Act), with respect to a price 
        applicability period and a selected drug with respect to such 
        period--
                    ``(A) in the case such selected drug furnished or 
                dispensed at a pharmacy or by mail order service if 
                coverage is provided under such plan or coverage during 
                such period for such selected drug as so furnished or 
                dispensed; and
                    ``(B) in the case such selected drug furnished or 
                administered by a hospital, physician, or other 
                provider of services or supplier if coverage is 
                provided under such plan or coverage during such period 
                for such selected drug as so furnished or administered.
            ``(2) Opting out of agreement.--The Secretary shall not be 
        treated as having in effect an agreement under the program 
        under this part with a group health plan or health insurance 
        issuer offering group or individual health insurance coverage 
        with respect to a price applicability period and a selected 
        drug with respect to such period if such a plan or issuer 
        affirmatively elects, through a process specified by the 
        Secretary, not to participate under the program with respect to 
        such period and drug.
    ``(b) Publication of Election.--With respect to each price 
applicability period and each selected drug with respect to such 
period, the Secretary, the Secretary of Labor, and the Secretary of the 
Treasury, as applicable, shall make public a list of each group health 
plan and each health insurance issuer offering group or individual 
health insurance coverage, with respect to which coverage is provided 
under such plan or coverage for such drug, that has elected under 
subsection (a) not to participate under the program with respect to 
such period and drug.''.
    (e) Application to Group Health Plans and Health Insurance 
Coverage.--
            (1) PHSA.--Part D of title XXVII of the Public Health 
        Service Act (42 U.S.C. 300gg-111 et seq.) is amended by adding 
        at the end the following new section:

``SEC. 2799A-12. DRUG PRICE NEGOTIATION PROGRAM AND APPLICATION OF 
              MAXIMUM FAIR PRICES.

    ``(a) In General.--In the case of a group health plan or health 
insurance issuer offering group or individual health insurance coverage 
that is treated under section 1197 of the Social Security Act as having 
in effect an agreement with the Secretary under the Drug Price 
Negotiation Program under part E of title XI of such Act, with respect 
to a price applicability period (as defined in section 1191(b) of such 
Act) and a selected drug (as defined in section 1192(c) of such Act) 
with respect to such period for which coverage is provided under such 
plan or coverage--
            ``(1) the provisions of such part shall apply--
                    ``(A) in the case the drug is furnished or 
                dispensed at a pharmacy or by a mail order service, to 
                such plan or coverage, and to the participants, 
                beneficiaries, and enrollees enrolled under such plan 
                or coverage, during such period, with respect to such 
                selected drug, in the same manner as such provisions 
                apply to prescription drug plans and MA-PD plans, and 
                to participants, beneficiaries, and enrollees enrolled 
                under such prescription drug plans and MA-PD plans 
                during such period; and
                    ``(B) in the case the drug is furnished or 
                administered by a hospital, physician, or other 
                provider of services or supplier, to such plan or 
                coverage, and to the participants, beneficiaries, and 
                enrollees enrolled under such plan or coverage, and to 
                hospitals, physicians, and other providers of services 
                and suppliers during such period, with respect to such 
                drug in the same manner as such provisions apply to the 
                Secretary, to participants, beneficiaries, and 
                enrollees entitled to benefits under part A of title 
                XVIII or enrolled under part B of such title, and to 
                hospitals, physicians, and other providers and 
                suppliers participating under title XVIII during such 
                period;
            ``(2) the plan or issuer shall apply any cost-sharing 
        responsibilities under such plan or coverage, with respect to 
        such selected drug, by substituting an amount not more than the 
        maximum fair price negotiated under such part E of title XI for 
        such drug in lieu of the drug price upon which the cost-sharing 
        would have otherwise applied, and such cost-sharing 
        responsibilities with respect to such selected drug may not 
        exceed such maximum fair price; and
            ``(3) the Secretary shall apply the provisions of such part 
        E to such plan, issuer, and coverage, such participants, 
        beneficiaries, and enrollees so enrolled in such plans and 
        coverage, and such hospitals, physicians, and other providers 
        and suppliers participating in such plans and coverage.
    ``(b) Notification Regarding Nonparticipation in Drug Price 
Negotiation Program.--A group health plan or a health insurance issuer 
offering group or individual health insurance coverage shall publicly 
disclose, in a manner and in accordance with a process specified by the 
Secretary, any election made under section 1197 of the Social Security 
Act by such plan or issuer to not participate in the Drug Price 
Negotiation Program under part E of title XI of such Act with respect 
to a selected drug (as defined in section 1192(c) of such Act) for 
which coverage is provided under such plan or coverage before the 
beginning of the plan year for which such election was made.''.
            (2) ERISA.--
                    (A) In general.--Subpart B of part 7 of subtitle B 
                of title I of the Employee Retirement Income Security 
                Act of 1974 (29 U.S.C. 1185 et seq.) is amended by 
                adding at the end the following new section:

``SEC. 727. DRUG PRICE NEGOTIATION PROGRAM AND APPLICATION OF MAXIMUM 
              FAIR PRICES.

    ``(a) In General.--In the case of a group health plan or health 
insurance issuer offering group health insurance coverage that is 
treated under section 1197 of the Social Security Act as having in 
effect an agreement with the Secretary of Health and Human Services 
under the Drug Price Negotiation Program under part E of title XI of 
such Act, with respect to a price applicability period (as defined in 
section 1191(b) of such Act) and a selected drug (as defined in section 
1192(c) of such Act) with respect to such period for which coverage is 
provided under such plan or coverage--
            ``(1) the provisions of such part shall apply, as 
        applicable--
                    ``(A) in the case the drug is furnished or 
                dispensed at a pharmacy or by a mail order service, to 
                such plan or coverage, and to the participants and 
                beneficiaries enrolled under such plan or coverage, 
                during such period, with respect to such selected drug, 
                in the same manner as such provisions apply to 
                prescription drug plans and MA-PD plans, and to 
                participants and beneficiaries enrolled under such 
                prescription drug plans and MA-PD plans during such 
                period; and
                    ``(B) in the case the drug is furnished or 
                administered by a hospital, physician, or other 
                provider of services or supplier, to the group health 
                plan or coverage offered by an issuer, to the 
                participants and beneficiaries enrolled under such 
                plans or coverage, and to hospitals, physicians, and 
                other providers of services and suppliers during such 
                period, with respect to such drug in the same manner as 
                such provisions apply to the Secretary of Health and 
                Human Services, to participants and beneficiaries 
                entitled to benefits under part A of title XVIII or 
                enrolled under part B of such title, and to hospitals, 
                physicians, and other providers and suppliers 
                participating under title XVIII during such period;
            ``(2) the plan or issuer shall apply any cost-sharing 
        responsibilities under such plan or coverage, with respect to 
        such selected drug, by substituting an amount not more than the 
        maximum fair price negotiated under such part E of title XI for 
        such drug in lieu of the drug price upon which the cost-sharing 
        would have otherwise applied, and such cost-sharing 
        responsibilities with respect to such selected drug may not 
        exceed such maximum fair price; and
            ``(3) the Secretary shall apply the provisions of such part 
        E to such plan, issuer, and coverage, and such participants and 
        beneficiaries so enrolled in such plans.
    ``(b) Notification Regarding Nonparticipation in Drug Price 
Negotiation Program.--A group health plan or a health insurance issuer 
offering group health insurance coverage shall publicly disclose in a 
manner and in accordance with a process specified by the Secretary any 
election made under section 1197 of the Social Security Act by the plan 
or issuer to not participate in the Drug Price Negotiation Program 
under part E of title XI of such Act with respect to a selected drug 
(as defined in section 1192(c) of such Act) for which coverage is 
provided under such plan or coverage before the beginning of the plan 
year for which such election was made.''.
                    (B) Application to retiree and certain small group 
                health plans.--Section 732(a) of the Employee 
                Retirement Income Security Act of 1974 (29 U.S.C. 
                1191a(a)) is amended by striking ``and 726'' and 
                inserting ``726, and 727''.
                    (C) Clerical amendment.--The table of contents in 
                section 1 of such Act is amended by inserting after the 
                item relating to section 726 the following new item:

``Sec. 727. Drug Price Negotiation Program and application of maximum 
                            fair prices.''.
            (3) IRC.--
                    (A) In general.--Subchapter B of chapter 100 of the 
                Internal Revenue Code of 1986 is amended by adding at 
                the end the following new section:

``SEC. 9827. DRUG PRICE NEGOTIATION PROGRAM AND APPLICATION OF MAXIMUM 
              FAIR PRICES.

    ``(a) In General.--In the case of a group health plan that is 
treated under section 1197 of the Social Security Act as having in 
effect an agreement with the Secretary of Health and Human Services 
under the Drug Price Negotiation Program under part E of title XI of 
such Act, with respect to a price applicability period (as defined in 
section 1191(b) of such Act) and a selected drug (as defined in section 
1192(c) of such Act) with respect to such period for which coverage is 
provided under such plan--
            ``(1) the provisions of such part shall apply, as 
        applicable--
                    ``(A) if coverage of such selected drug is provided 
                under such plan if the drug is furnished or dispensed 
                at a pharmacy or by a mail order service, to the plan, 
                and to the participants and beneficiaries enrolled 
                under such plan during such period, with respect to 
                such selected drug, in the same manner as such 
                provisions apply to prescription drug plans and MA-PD 
                plans, and to participants and beneficiaries enrolled 
                under such prescription drug plans and MA-PD plans 
                during such period; and
                    ``(B) if coverage of such selected drug is provided 
                under such plan if the drug is furnished or 
                administered by a hospital, physician, or other 
                provider of services or supplier, to the plan, to the 
                participants and beneficiaries enrolled under such 
                plan, and to hospitals, physicians, and other providers 
                of services and suppliers during such period, with 
                respect to such drug in the same manner as such 
                provisions apply to the Secretary of Health and Human 
                Services, to participants and beneficiaries entitled to 
                benefits under part A of title XVIII or enrolled under 
                part B of such title, and to hospitals, physicians, and 
                other providers and suppliers participating under title 
                XVIII during such period;
            ``(2) the plan shall apply any cost-sharing 
        responsibilities under such plan, with respect to such selected 
        drug, by substituting an amount not more than the maximum fair 
        price negotiated under such part E of title XI for such drug in 
        lieu of the drug price upon which the cost-sharing would have 
        otherwise applied, and such cost-sharing responsibilities with 
        respect to such selected drug may not exceed such maximum fair 
        price; and
            ``(3) the Secretary shall apply the provisions of such part 
        E to such plan and such participants and beneficiaries so 
        enrolled in such plan.
    ``(b) Notification Regarding Nonparticipation in Drug Price 
Negotiation Program.--A group health plan shall publicly disclose in a 
manner and in accordance with a process specified by the Secretary any 
election made under section 1197 of the Social Security Act by the plan 
to not participate in the Drug Price Negotiation Program under part E 
of title XI of such Act with respect to a selected drug (as defined in 
section 1192(c) of such Act) for which coverage is provided under such 
plan before the beginning of the plan year for which such election was 
made.''.
                    (B) Application to retiree and certain small group 
                health plans.--Section 9831(a)(2) of the Internal 
                Revenue Code of 1986 is amended by inserting ``or 
                9827'' after ``section 9826''.
                    (C) Clerical amendment.--The table of sections for 
                subchapter B of chapter 100 of the Internal Revenue 
                Code of 1986 is amended by adding at the end the 
                following new item:

``Sec. 9827. Drug Price Negotiation Program and application of maximum 
                            fair prices.''.

SEC. 402. APPLICATION OF PRESCRIPTION DRUG INFLATION REBATES TO DRUGS 
              FURNISHED IN THE COMMERCIAL MARKET.

    (a) Part B Drugs.--
            (1) Application of prescription drug inflation rebates to 
        drugs furnished in the commercial market.--Section 1847A(i) of 
        the Social Security Act (42 U.S.C. 1395w-3a(i)) is amended--
                    (A) in paragraph (1)(A)(i), by striking ``units'' 
                and inserting ``billing units'';
                    (B) in paragraph (2)(A), by striking ``for which 
                payment is made under this part'' and inserting ``that 
                would be payable under this part if such drug were 
                furnished to an individual enrolled under this part''; 
                and
                    (C) in paragraph (3)--
                            (i) in subparagraph (A)(i), by striking 
                        ``units'' and inserting ``billing units''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Total number of billing units.--For purposes 
                of subparagraph (A)(i), the total number of billing 
                units with respect to a part B rebatable drug is 
                determined as follows:
                            ``(i) Determine the total number of units 
                        equal to--
                                    ``(I) the total number of units, as 
                                reported under subsection (c)(1)(B), 
                                for each National Drug Code of such 
                                drug during the calendar quarter that 
                                is 2 calendar quarters prior to the 
                                calendar quarter as described in 
                                subparagraph (A), minus
                                    ``(II) the total number of units 
                                with respect to each National Drug Code 
                                of such drug for which payment was made 
                                under a State plan under title XIX (or 
                                waiver of such plan), as reported by 
                                States under section 1927(b)(2)(A) for 
                                the rebate period that is the same 
                                calendar quarter as described in 
                                subclause (I).
                            ``(ii) Convert the units determined under 
                        clause (i) to billing units for the billing and 
                        payment code of such drug, using a methodology 
                        similar to the methodology used under this 
                        section, by dividing the units determined under 
                        clause (i) for each National Drug Code of such 
                        drug by the billing unit for the billing and 
                        payment code of such drug.
                            ``(iii) Compute the sum of the billing 
                        units for each National Drug Code of such drug 
                        in clause (ii).''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply with respect to calendar quarters beginning after 
        the date of the enactment of this Act.
    (b) Covered Part D Drugs.--
            (1) Application of prescription drug inflation rebates to 
        drugs furnished in the commercial market.--Section 1860D-14B of 
        the Social Security Act (42 U.S.C. 1395w-114b) is amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A)(i), by 
                                striking ``the total number of units'' 
                                and all that follows through the 
                                semicolon and inserting the following: 
                                ``the total number of units that are 
                                used to calculate the average 
                                manufacturer price of such dosage form 
                                and strength with respect to such part 
                                D rebatable drug, as reported by the 
                                manufacturer of such drug under section 
                                1927 for each month, with respect to 
                                such period;''; and
                                    (II) by striking subparagraph (B) 
                                and inserting the following:
                    ``(B) Excluded units.--For purposes of subparagraph 
                (A)(i), the Secretary shall exclude from the total 
                number of units for a dosage form and strength with 
                respect to a part D rebatable drug, with respect to an 
                applicable period, the following:
                            ``(i) Units of each dosage form and 
                        strength of such part D rebatable drug for 
                        which payment was made under a State plan under 
                        title XIX (or waiver of such plan), as reported 
                        by States under section 1927(b)(2)(A).
                            ``(ii) Units of each dosage form and 
                        strength of such part D rebatable drug for 
                        which a rebate is paid under section 1847A(i).
                            ``(iii) Beginning with plan year 2028, 
                        units of each dosage form and strength of such 
                        part D rebatable drug for which the 
                        manufacturer provides a discount under the 
                        program under section 340B of the Public Health 
                        Service Act.''; and
                            (ii) in paragraph (6), by striking 
                        ``information'' and all that follows through 
                        ``rebatable covered part D drug dispensed'' and 
                        inserting the following: ``AMP reports.--The 
                        Secretary shall provide for a method and 
                        process under which, in the case of a 
                        manufacturer of a part D rebatable drug that 
                        submits revisions to information submitted 
                        under section 1927 by the manufacturer with 
                        respect to such drug''; and
                    (B) by striking subsection (d) and inserting the 
                following:
    ``(d) Information.--For purposes of carrying out this section, the 
Secretary shall use information submitted by manufacturers under 
section 1927(b)(3) and information submitted by States under section 
1927(b)(2)(A).''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply with respect to applicable periods (as defined in 
        section 1860D-14B(g)(7) of the Social Security Act (42 U.S.C. 
        1395w-114b(g)(7))) beginning after the date of the enactment of 
        this Act.

SEC. 403. ESTABLISHING AN OUT-OF-POCKET LIMIT ON EXPENDITURES FOR 
              PRESCRIPTION DRUGS UNDER GROUP HEALTH PLANS AND GROUP AND 
              INDIVIDUAL HEALTH INSURANCE COVERAGE.

    (a) PHSA.--Title XXVII of the Public Health Service Act (42 U.S.C. 
300gg et seq.) is amended--
            (1) in section 2707, by adding at the end the following new 
        subsection:
    ``(e) Sunset.--The preceding provisions of this section shall not 
apply with respect to plan years beginning on or after January 1, 
2028.''; and
            (2) in part D, as amended by section 401, by adding at the 
        end the following new section:

``SEC. 2799A-13. COMPREHENSIVE COVERAGE.

    ``(a) Coverage for Essential Health Benefits Package.--A health 
insurance issuer that offers health insurance coverage in the 
individual or small group market shall ensure that such coverage 
includes the essential health benefits package required under section 
1302(a) of the Patient Protection and Affordable Care Act.
    ``(b) Cost-Sharing Limitation.--
            ``(1) In general.--A group health plan and a health 
        insurance issuer offering group or individual health insurance 
        coverage shall ensure that--
                    ``(A) any annual cost-sharing imposed under the 
                plan or coverage (including any such cost-sharing so 
                imposed with respect to prescription drugs) does not 
                exceed the dollar amounts specified in paragraph (2); 
                and
                    ``(B) any annual cost-sharing imposed under the 
                plan or coverage with respect to prescription drugs 
                does not exceed the dollar amounts specified in 
                paragraph (3).
            ``(2) Limitation on overall out-of-pocket cost-sharing.--
        For purposes of paragraph (1)(A), the dollar amounts specified 
        in this paragraph are the following:
                    ``(A) With respect to self-only coverage--
                            ``(i) for plan years beginning in 2028, the 
                        dollar amount in effect under section 
                        1302(c)(1) of the Patient Protection and 
                        Affordable Care Act for such coverage for plan 
                        years beginning in 2014, increased by an amount 
                        equal to the product of that amount and the 
                        premium adjustment percentage specified in 
                        paragraph (4) of such section for the calendar 
                        year; and
                            ``(ii) for plan years beginning in 2029 or 
                        a subsequent year, the dollar amount in effect 
                        under this subparagraph for plan years 
                        beginning in 2027, increased by an amount equal 
                        to the product of that amount the premium 
                        adjustment percentage specified in paragraph 
                        (4) for the calendar year.
                    ``(B) With respect to coverage other than self-only 
                coverage, for plan years beginning in 2028 or a 
                subsequent year, twice the amount in effect under 
                subparagraph (A) for such plan year.
        If the amount of any increase under subparagraph (A) is not a 
        multiple of $50, such increase shall be rounded to the next 
        lowest multiple of $50.
            ``(3) Limitation on prescription drug out-of-pocket cost-
        sharing.--For purposes of paragraph (1)(B), the dollar amounts 
        specified in this paragraph are the following:
                    ``(A) With respect to self-only coverage--
                            ``(i) for plan years beginning in 2028, 
                        $2,000; and
                            ``(ii) for plan years beginning in 2029 or 
                        a subsequent year, the dollar amount in effect 
                        under this subparagraph for plan years 
                        beginning in 2028, increased by an amount equal 
                        to the product of that amount and the premium 
                        adjustment percentage under paragraph (4) for 
                        the calendar year.
                    ``(B) With respect to coverage other than self-only 
                coverage, for plan years beginning in 2028 or a 
                subsequent year, twice the amount in effect under 
                subparagraph (A) for such plan year.
        If the amount of any increase under subparagraph (A) is not a 
        multiple of $50, such increase shall be rounded to the next 
        lowest multiple of $50.
            ``(4) Premium adjustment percentage.--For purposes of 
        paragraphs (2)(A)(ii) and (3)(A)(ii), the premium adjustment 
        percentage for any calendar year is the percentage (if any) by 
        which the average per capita premium for health insurance 
        coverage in the United States for the preceding calendar year 
        (as estimated by the Secretary no later than October 1 of such 
        preceding calendar year) exceeds such average per capita 
        premium for 2026 (as determined by the Secretary).
            ``(5) Cost-sharing.--In this section:
                    ``(A) In general.--The term `cost-sharing' 
                includes--
                            ``(i) deductibles, coinsurance, copayments, 
                        or similar charges; and
                            ``(ii) any other expenditure required of an 
                        insured individual which is a qualified medical 
                        expense (within the meaning of section 
                        223(d)(2) of the Internal Revenue Code of 1986) 
                        with respect to essential health benefits 
                        covered under the plan or coverage.
                    ``(B) Exceptions.--Such term does not include 
                premiums, balance billing amounts for non-network 
                providers, or spending for non-covered services.
            ``(6) Implementation.--The Secretary may implement the 
        provisions of this subsection by subregulatory guidance, 
        interim final rule, or otherwise.
    ``(c) Child-Only Plans.--If a health insurance issuer offers health 
insurance coverage in any level of coverage specified under section 
1302(d) of the Patient Protection and Affordable Care Act, the issuer 
shall also offer such coverage in that level as a plan in which the 
only enrollees are individuals who, as of the beginning of a plan year, 
have not attained the age of 21.
    ``(d) Dental Only.--This section shall not apply to a plan 
described in section 1311(d)(2)(B)(ii) of the Patient Protection and 
Affordable Care Act.''.
    (b) ERISA.--
            (1) In general.--Subpart B of part 7 of subtitle B of title 
        I of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1185 et seq.), as amended by section 401, is further 
        amended by adding at the end the following new section:

``SEC. 728. COMPREHENSIVE COVERAGE.

    ``(a) Coverage for Essential Health Benefits Package.--A health 
insurance issuer that offers health insurance coverage in the small 
group market shall ensure that such coverage includes the essential 
health benefits package required under section 1302(a) of the Patient 
Protection and Affordable Care Act.
    ``(b) Cost-Sharing Limitation.--
            ``(1) In general.--A group health plan and a health 
        insurance issuer offering group health insurance coverage shall 
        ensure that--
                    ``(A) any annual cost-sharing imposed under the 
                plan or coverage (including any such cost-sharing so 
                imposed with respect to prescription drugs) does not 
                exceed the dollar amounts specified in paragraph (2); 
                and
                    ``(B) any annual cost-sharing imposed under the 
                plan or coverage with respect to prescription drugs 
                does not exceed the dollar amounts specified in 
                paragraph (3).
            ``(2) Limitation on overall out-of-pocket cost-sharing.--
        For purposes of paragraph (1)(A), the dollar amounts specified 
        in this paragraph are the following:
                    ``(A) With respect to self-only coverage--
                            ``(i) for plan years beginning in 2028, the 
                        dollar amount in effect under section 
                        1302(c)(1) of the Patient Protection and 
                        Affordable Care Act for such coverage for plan 
                        years beginning in 2014, increased by an amount 
                        equal to the product of that amount and the 
                        premium adjustment percentage specified in 
                        paragraph (4) of such section for the calendar 
                        year; and
                            ``(ii) for plan years beginning in 2029 or 
                        a subsequent year, the dollar amount in effect 
                        under this subparagraph for plan years 
                        beginning in 2028, increased by an amount equal 
                        to the product of that amount the premium 
                        adjustment percentage specified in paragraph 
                        (4) for the calendar year.
                    ``(B) With respect to coverage other than self-only 
                coverage, for plan years beginning in 2028 or a 
                subsequent year, twice the amount in effect under 
                subparagraph (A) for such plan year.
        If the amount of any increase under subparagraph (A) is not a 
        multiple of $50, such increase shall be rounded to the next 
        lowest multiple of $50.
            ``(3) Limitation on prescription drug out-of-pocket cost-
        sharing.--For purposes of paragraph (1)(B), the dollar amounts 
        specified in this paragraph are the following:
                    ``(A) With respect to self-only coverage--
                            ``(i) for plan years beginning in 2028, 
                        $2,000; and
                            ``(ii) for plan years beginning in 2029 or 
                        a subsequent year, the dollar amount in effect 
                        under this subparagraph for plan years 
                        beginning in 2028, increased by an amount equal 
                        to the product of that amount and the premium 
                        adjustment percentage under paragraph (4) for 
                        the calendar year.
                    ``(B) With respect to coverage other than self-only 
                coverage, for plan years beginning in 2028 or a 
                subsequent year, twice the amount in effect under 
                subparagraph (A) for such plan year.
        If the amount of any increase under subparagraph (A) is not a 
        multiple of $50, such increase shall be rounded to the next 
        lowest multiple of $50.
            ``(4) Premium adjustment percentage.--For purposes of 
        paragraphs (2)(A)(ii) and (3)(A)(ii), the premium adjustment 
        percentage for any calendar year is the percentage (if any) by 
        which the average per capita premium for health insurance 
        coverage in the United States for the preceding calendar year 
        (as estimated by the Secretary no later than October 1 of such 
        preceding calendar year) exceeds such average per capita 
        premium for 2027 (as determined by the Secretary).
            ``(5) Cost-sharing.--In this section:
                    ``(A) In general.--The term `cost-sharing' 
                includes--
                            ``(i) deductibles, coinsurance, copayments, 
                        or similar charges; and
                            ``(ii) any other expenditure required of an 
                        insured individual which is a qualified medical 
                        expense (within the meaning of section 
                        223(d)(2) of the Internal Revenue Code of 1986) 
                        with respect to essential health benefits 
                        covered under the plan or coverage.
                    ``(B) Exceptions.--Such term does not include 
                premiums, balance billing amounts for non-network 
                providers, or spending for non-covered services.
            ``(6) Implementation.--The Secretary may implement the 
        provisions of this subsection by subregulatory guidance, 
        interim final rule, or otherwise.
    ``(c) Child-Only Plans.--If a health insurance issuer offers health 
insurance coverage in any level of coverage specified under section 
1302(d) of the Patient Protection and Affordable Care Act, the issuer 
shall also offer such coverage in that level as a plan in which the 
only enrollees are individuals who, as of the beginning of a plan year, 
have not attained the age of 21.
    ``(d) Dental Only.--This section shall not apply to a plan 
described in section 1311(d)(2)(B)(ii) of the Patient Protection and 
Affordable Care Act.''.
            (2) Clerical amendment.--The table of contents in section 1 
        of such Act, as amended by section 401, is further amended by 
        inserting after the item relating to section 727 the following 
        new item:

``Sec. 728. Comprehensive coverage.''.
    (c) IRC.--
            (1) In general.--Subchapter B of chapter 100 of the 
        Internal Revenue Code of 1986, as amended by section 401, is 
        further amended by adding at the end the following new section:

``SEC. 9828. COMPREHENSIVE COVERAGE.

    ``(a) Cost-Sharing Limitation.--
            ``(1) In general.--A group health plan shall ensure that--
                    ``(A) any annual cost-sharing imposed under the 
                plan (including any such cost-sharing so imposed with 
                respect to prescription drugs) does not exceed the 
                dollar amounts specified in paragraph (2); and
                    ``(B) any annual cost-sharing imposed under the 
                plan with respect to prescription drugs does not exceed 
                the dollar amounts specified in paragraph (3).
            ``(2) Limitation on overall out-of-pocket cost-sharing.--
        For purposes of paragraph (1)(A), the dollar amounts specified 
        in this paragraph are the following:
                    ``(A) With respect to self-only coverage--
                            ``(i) for plan years beginning in 2028, the 
                        dollar amount in effect under section 
                        1302(c)(1) of the Patient Protection and 
                        Affordable Care Act for such coverage for plan 
                        years beginning in 2014, increased by an amount 
                        equal to the product of that amount and the 
                        premium adjustment percentage specified in 
                        paragraph (4) of such section for the calendar 
                        year; and
                            ``(ii) for plan years beginning in 2029 or 
                        a subsequent year, the dollar amount in effect 
                        under this subparagraph for plan years 
                        beginning in 2028, increased by an amount equal 
                        to the product of that amount the premium 
                        adjustment percentage specified in paragraph 
                        (4) for the calendar year.
                    ``(B) With respect to coverage other than self-only 
                coverage, for plan years beginning in 2028 or a 
                subsequent year, twice the amount in effect under 
                subparagraph (A) for such plan year.
        If the amount of any increase under subparagraph (A) is not a 
        multiple of $50, such increase shall be rounded to the next 
        lowest multiple of $50.
            ``(3) Limitation on prescription drug out-of-pocket cost-
        sharing.--For purposes of paragraph (1)(B), the dollar amounts 
        specified in this paragraph are the following:
                    ``(A) With respect to self-only coverage--
                            ``(i) for plan years beginning in 2028, 
                        $2,000; and
                            ``(ii) for plan years beginning in 2029 or 
                        a subsequent year, the dollar amount in effect 
                        under this subparagraph for plan years 
                        beginning in 2028, increased by an amount equal 
                        to the product of that amount and the premium 
                        adjustment percentage under paragraph (4) for 
                        the calendar year.
                    ``(B) With respect to coverage other than self-only 
                coverage, for plan years beginning in 2028 or a 
                subsequent year, twice the amount in effect under 
                subparagraph (A) for such plan year.
        If the amount of any increase under subparagraph (A) is not a 
        multiple of $50, such increase shall be rounded to the next 
        lowest multiple of $50.
            ``(4) Premium adjustment percentage.--For purposes of 
        paragraphs (2)(A)(ii) and (3)(A)(ii), the premium adjustment 
        percentage for any calendar year is the percentage (if any) by 
        which the average per capita premium for health insurance 
        coverage in the United States for the preceding calendar year 
        (as estimated by the Secretary no later than October 1 of such 
        preceding calendar year) exceeds such average per capita 
        premium for 2026 (as determined by the Secretary).
            ``(5) Cost-sharing.--In this section:
                    ``(A) In general.--The term `cost-sharing' 
                includes--
                            ``(i) deductibles, coinsurance, copayments, 
                        or similar charges; and
                            ``(ii) any other expenditure required of an 
                        insured individual which is a qualified medical 
                        expense (within the meaning of section 
                        223(d)(2) of the Internal Revenue Code of 1986) 
                        with respect to essential health benefits 
                        covered under the plan.
                    ``(B) Exceptions.--Such term does not include 
                premiums, balance billing amounts for non-network 
                providers, or spending for non-covered services.
            ``(6) Implementation.--The Secretary may implement the 
        provisions of this subsection by subregulatory guidance, 
        interim final rule, or otherwise.
    ``(b) Dental Only.--This section shall not apply to a plan 
described in section 1311(d)(2)(B)(ii) of the Patient Protection and 
Affordable Care Act.''.
            (2) Clerical amendment.--The table of sections for 
        subchapter B of chapter 100 of the Internal Revenue Code of 
        1986, as amended by section 401, is further amended by adding 
        at the end the following new item:

``Sec. 9828. Comprehensive coverage.''.
    (d) Conforming Amendments.--The Patient Protection and Affordable 
Care Act (Public Law 111-148) is amended--
            (1) in section 1302--
                    (A) in subsection (a)(2), by inserting ``with 
                respect to plan years beginning before January 1, 
                2027,'' before ``limits cost-sharing''; and
                    (B) in subsection (e)(1)(B)(i)--
                            (i) by inserting ``(or, with respect to 
                        plan years beginning on or after January 1, 
                        2028, in effect under section 2799A-13(b)(1)(A) 
                        of the Public Health Service Act)'' after 
                        ``subsection (c)(1)''; and
                            (ii) by inserting ``and except, with 
                        respect to plan years beginning on or after 
                        January 1, 2028, in the case of an individual 
                        who has incurred cost-sharing expenses with 
                        respect to prescription drugs in an amount 
                        equal to the annual limitation in effect under 
                        section 2799A-13(b)(1)(B) of such Act, for 
                        benefits consisting of prescription drugs'' 
                        after ``section 2713''; and
            (2) in section 1402(c)(1)(A), by inserting ``(or, with 
        respect to plan years beginning on or after January 1, 2028, 
        the applicable out-of-pocket limit under section 2799A-
        13(b)(1)(A) of the Public Health Service Act)'' after ``section 
        1302(c)(1)''.
    (e) Effective Date.--The amendments made by this section shall 
apply with respect to plan years beginning on or after January 1, 2028.

SEC. 404. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR INSULIN 
              PRODUCTS.

    (a) PHSA.--Part D of title XXVII of the Public Health Service Act 
(42 U.S.C. 300gg-111 et seq.), as amended by section 403, is further 
amended by adding at the end the following new section:

``SEC. 2799A-14. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN 
              INSULIN PRODUCTS.

    ``(a) In General.--For plan years beginning on or after January 1, 
2028, a group health plan or health insurance issuer offering group or 
individual health insurance coverage shall provide coverage of selected 
insulin products, and with respect to such products, shall not--
            ``(1) apply any deductible; or
            ``(2) impose any cost-sharing in excess of the lesser of, 
        per 30-day supply--
                    ``(A) $35; or
                    ``(B) the amount equal to 25 percent of the 
                negotiated price of the selected insulin product net of 
                all price concessions received by or on behalf of the 
                plan or coverage, including price concessions received 
                by or on behalf of third-party entities providing 
                services to the plan or coverage, such as pharmacy 
                benefit management services.
    ``(b) Definitions.--In this section:
            ``(1) Selected insulin products.--The term `selected 
        insulin products' means at least one of each dosage form (such 
        as vial, pump, or inhaler dosage forms) of each different type 
        (such as rapid-acting, short-acting, intermediate-acting, long-
        acting, ultra long-acting, and premixed) of insulin (as defined 
        below), when available, as selected by the group health plan or 
        health insurance issuer.
            ``(2) Insulin defined.--The term `insulin' means insulin 
        that is licensed under subsection (a) or (k) of section 351 and 
        continues to be marketed under such section.
    ``(c) Out-of-Network Providers.--Nothing in this section requires a 
plan or issuer that has a network of providers to provide benefits for 
selected insulin products described in this section that are delivered 
by an out-of-network provider, or precludes a plan or issuer that has a 
network of providers from imposing higher cost-sharing than the levels 
specified in subsection (a) for selected insulin products described in 
this section that are delivered by an out-of-network provider.
    ``(d) Rule of Construction.--Subsection (a) shall not be construed 
to require coverage of, or prevent a group health plan or health 
insurance coverage from imposing cost-sharing other than the levels 
specified in subsection (a) on, insulin products that are not selected 
insulin products, to the extent that such coverage is not otherwise 
required and such cost-sharing is otherwise permitted under Federal and 
applicable State law.
    ``(e) Application of Cost-Sharing Towards Deductibles and Out-of-
Pocket Maximums.--Any cost-sharing payments made pursuant to subsection 
(a)(2) shall be counted toward any deductible or out-of-pocket maximum 
that applies under the plan or coverage.''.
    (b) ERISA.--
            (1) In general.--Subpart B of part 7 of subtitle B of title 
        I of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1185 et seq.), as amended by section 403, is further 
        amended by adding at the end the following new section:

``SEC. 729. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN 
              INSULIN PRODUCTS.

    ``(a) In General.--For plan years beginning on or after January 1, 
2028, a group health plan or health insurance issuer offering group 
health insurance coverage shall provide coverage of selected insulin 
products, and with respect to such products, shall not--
            ``(1) apply any deductible; or
            ``(2) impose any cost-sharing in excess of the lesser of, 
        per 30-day supply--
                    ``(A) $35; or
                    ``(B) the amount equal to 25 percent of the 
                negotiated price of the selected insulin product net of 
                all price concessions received by or on behalf of the 
                plan or coverage, including price concessions received 
                by or on behalf of third-party entities providing 
                services to the plan or coverage, such as pharmacy 
                benefit management services.
    ``(b) Definitions.--In this section:
            ``(1) Selected insulin products.--The term `selected 
        insulin products' means at least one of each dosage form (such 
        as vial, pump, or inhaler dosage forms) of each different type 
        (such as rapid-acting, short-acting, intermediate-acting, long-
        acting, ultra long-acting, and premixed) of insulin (as defined 
        below), when available, as selected by the group health plan or 
        health insurance issuer.
            ``(2) Insulin defined.--The term `insulin' means insulin 
        that is licensed under subsection (a) or (k) of section 351 of 
        the Public Health Service Act (42 U.S.C. 262) and continues to 
        be marketed under such section.
    ``(c) Out-of-Network Providers.--Nothing in this section requires a 
plan or issuer that has a network of providers to provide benefits for 
selected insulin products described in this section that are delivered 
by an out-of-network provider, or precludes a plan or issuer that has a 
network of providers from imposing higher cost-sharing than the levels 
specified in subsection (a) for selected insulin products described in 
this section that are delivered by an out-of-network provider.
    ``(d) Rule of Construction.--Subsection (a) shall not be construed 
to require coverage of, or prevent a group health plan or health 
insurance coverage from imposing cost-sharing other than the levels 
specified in subsection (a) on, insulin products that are not selected 
insulin products, to the extent that such coverage is not otherwise 
required and such cost-sharing is otherwise permitted under Federal and 
applicable State law.
    ``(e) Application of Cost-Sharing Towards Deductibles and Out-of-
Pocket Maximums.--Any cost-sharing payments made pursuant to subsection 
(a)(2) shall be counted toward any deductible or out-of-pocket maximum 
that applies under the plan or coverage.''.
            (2) Clerical amendment.--The table of contents in section 1 
        of such Act is amended by inserting after the item relating to 
        section 728 (as inserted by section 403) the following new 
        item:

``Sec. 729. Requirements with respect to cost-sharing for certain 
                            insulin products.''.
    (c) IRC.--
            (1) In general.--Subchapter B of chapter 100 of the 
        Internal Revenue Code of 1986, as amended by section 403, is 
        further amended by adding at the end the following new section:

``SEC. 9829. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR CERTAIN 
              INSULIN PRODUCTS.

    ``(a) In General.--For plan years beginning on or after January 1, 
2028, a group health plan shall provide coverage of selected insulin 
products, and with respect to such products, shall not--
            ``(1) apply any deductible; or
            ``(2) impose any cost-sharing in excess of the lesser of, 
        per 30-day supply--
                    ``(A) $35; or
                    ``(B) the amount equal to 25 percent of the 
                negotiated price of the selected insulin product net of 
                all price concessions received by or on behalf of the 
                plan, including price concessions received by or on 
                behalf of third-party entities providing services to 
                the plan, such as pharmacy benefit management services.
    ``(b) Definitions.--In this section:
            ``(1) Selected insulin products.--The term `selected 
        insulin products' means at least one of each dosage form (such 
        as vial, pump, or inhaler dosage forms) of each different type 
        (such as rapid-acting, short-acting, intermediate-acting, long-
        acting, ultra long-acting, and premixed) of insulin (as defined 
        below), when available, as selected by the group health plan.
            ``(2) Insulin defined.--The term `insulin' means insulin 
        that is licensed under subsection (a) or (k) of section 351 of 
        the Public Health Service Act (42 U.S.C. 262) and continues to 
        be marketed under such section.
    ``(c) Out-of-Network Providers.--Nothing in this section requires a 
plan that has a network of providers to provide benefits for selected 
insulin products described in this section that are delivered by an 
out-of-network provider, or precludes a plan that has a network of 
providers from imposing higher cost-sharing than the levels specified 
in subsection (a) for selected insulin products described in this 
section that are delivered by an out-of-network provider.
    ``(d) Rule of Construction.--Subsection (a) shall not be construed 
to require coverage of, or prevent a group health plan from imposing 
cost-sharing other than the levels specified in subsection (a) on, 
insulin products that are not selected insulin products, to the extent 
that such coverage is not otherwise required and such cost-sharing is 
otherwise permitted under Federal and applicable State law.
    ``(e) Application of Cost-Sharing Towards Deductibles and Out-of-
Pocket Maximums.--Any cost-sharing payments made pursuant to subsection 
(a)(2) shall be counted toward any deductible or out-of-pocket maximum 
that applies under the plan.''.
            (2) Clerical amendment.--The table of sections for 
        subchapter B of chapter 100 of the Internal Revenue Code of 
        1986, as amended by section 403, is further amended by adding 
        at the end the following new item:

``Sec. 9829. Requirements with respect to cost-sharing for certain 
                            insulin products.''.
    (d) No Effect on Other Cost-Sharing.--Section 1302(d)(2) of the 
Patient Protection and Affordable Care Act (42 U.S.C. 18022(d)(2)) is 
amended by adding at the end the following new subparagraph:
                    ``(D) Special rule relating to insulin coverage.--
                The exemption of coverage of selected insulin products 
                (as defined in section 2799A-14(b) of the Public Health 
                Service Act) from the application of any deductible 
                pursuant to section 2799A-14(a)(1) of such Act, section 
                729(a)(1) of the Employee Retirement Income Security 
                Act of 1974, or section 9829(a)(1) of the Internal 
                Revenue Code of 1986 shall not be considered when 
                determining the actuarial value of a qualified health 
                plan under this subsection.''.
    (e) Coverage of Certain Insulin Products Under Catastrophic 
Plans.--Section 1302(e) of the Patient Protection and Affordable Care 
Act (42 U.S.C. 18022(e)) is amended by adding at the end the following 
new paragraph:
            ``(4) Coverage of certain insulin products.--
                    ``(A) In general.--Notwithstanding paragraph 
                (1)(B)(i), a health plan described in paragraph (1) 
                shall provide coverage of selected insulin products, in 
                accordance with section 2799A-14 of the Public Health 
                Service Act, for a plan year before an enrolled 
                individual has incurred cost-sharing expenses in an 
                amount equal to the annual limitation in effect under 
                subsection (c)(1) for the plan year.
                    ``(B) Terminology.--For purposes of subparagraph 
                (A)--
                            ``(i) the term `selected insulin products' 
                        has the meaning given such term in section 
                        2799A-14(b) of the Public Health Service Act; 
                        and
                            ``(ii) the requirements of section 2799A-14 
                        of such Act shall be applied by deeming each 
                        reference in such section to `individual health 
                        insurance coverage' to be a reference to a plan 
                        described in paragraph (1).''.

  TITLE V--ENSURING QUALITY HEALTH INSURANCE AND REMOVING BARRIERS TO 
                                  CARE

SEC. 501. REQUIRED EXCEPTIONS PROCESS FOR MEDICATION STEP THERAPY 
              PROTOCOLS.

    (a) Required Exceptions Process for Medication Step Therapy 
Protocols.--The Employee Retirement Income Security Act of 1974 is 
amended by inserting after section 713 of such Act (29 U.S.C. 1185b) 
the following new section:

``SEC. 713A. REQUIRED EXCEPTIONS PROCESS FOR MEDICATION STEP THERAPY 
              PROTOCOLS.

    ``(a) In General.--In the case of a group health plan or health 
insurance issuer offering coverage offered in connection with such a 
plan that provides coverage of a prescription drug pursuant to a 
medication step therapy protocol, the plan or issuer shall--
            ``(1) implement a clear, prompt, and transparent process 
        for a participant or beneficiary (or the prescribing health 
        care provider (referred to in this section as the `prescriber') 
        on behalf of the participant or beneficiary) to request an 
        exception to such medication step therapy protocol, pursuant to 
        subsection (b); and
            ``(2) where the participant or beneficiary or prescriber's 
        request for an exception to the medication step therapy 
        protocols satisfies the criteria and requirements of subsection 
        (b), cover the requested drug in accordance with the terms 
        established by the plan or coverage for patient cost-sharing 
        rates or amounts at the beginning of the plan year.
    ``(b) Circumstances for Exception Approval.--The circumstances 
requiring an exception to a medication step therapy protocol, pursuant 
to a request under subsection (a), are any of the following:
            ``(1) Any treatments otherwise required under the protocol, 
        or treatments in the same pharmacological class or having the 
        same mechanism of action, including treatments provided prior 
        to the effective date of the participant's or beneficiary's 
        coverage under the plan or coverage, have been ineffective in 
        the treatment of the disease or condition of the participant or 
        beneficiary, when prescribed consistent with clinical 
        indications, clinical guidelines, or other peer-reviewed 
        evidence, based on the prescribing health care professional's 
        judgement or relevant information provided by the participant 
        or beneficiary (including the medical records of the 
        participant or beneficiary).
            ``(2) Delay of effective treatment would lead to severe or 
        irreversible consequences, or worsen disease progression or a 
        comorbidity and the treatment otherwise required under the 
        protocol is reasonably expected by the prescriber to be 
        ineffective based upon the documented physical or mental 
        characteristics of the participant or beneficiary and the known 
        characteristics of such treatment.
            ``(3) Any treatments otherwise required under the protocol 
        are contraindicated for the participant or beneficiary or have 
        caused, or are likely to cause, based on clinical, peer-
        reviewed evidence, an adverse reaction or other physical or 
        mental harm to the participant or beneficiary.
            ``(4) Any treatment otherwise required under the protocol 
        has prevented, will prevent, or is likely to prevent a 
        participant or beneficiary from achieving or maintaining 
        reasonable and safe functional ability in performing 
        occupational responsibilities or activities of daily living (as 
        defined in section 441.505 of title 42, Code of Federal 
        Regulations (or successor regulations)).
            ``(5) The participant or beneficiary is stable for his or 
        her disease or condition on the prescription drug or drugs 
        selected by the prescriber and has previously received approval 
        for coverage of the relevant drug or drugs for the disease or 
        condition by any public or private health plan.
            ``(6) Other circumstances, as determined by the Secretary.
    ``(c) Requirement of a Clear Process.--
            ``(1) In general.--The process required by subsection (a) 
        shall--
                    ``(A) provide the prescriber or participant or 
                beneficiary an opportunity to present such prescriber's 
                clinical rationale and relevant medical information for 
                the group health plan or health insurance issuer to 
                evaluate such request for exception;
                    ``(B) develop and use a standard form and 
                instructions for the request of an exception under 
                subsection (b), available in paper and electronic 
                forms, and allow for submission of such form by paper 
                and electronic means;
                    ``(C) provide both paper and electronic means for 
                the submission of requests for additional information;
                    ``(D) clearly set forth all required information 
                and the specific criteria that will be used to 
                determine whether an exception is warranted, which may 
                require disclosure of--
                            ``(i) the medical history or other health 
                        records of the participant or beneficiary 
                        demonstrating that the participant or 
                        beneficiary seeking an exception--
                                    ``(I) has tried other drugs 
                                included in the drug therapy class 
                                without success; or
                                    ``(II) has taken the requested drug 
                                for a clinically appropriate amount of 
                                time to establish stability, in 
                                relation to the condition being treated 
                                and prescription guidelines given by 
                                the prescribing physician; or
                            ``(ii) other clinical information that may 
                        be relevant to conducting the exception review;
                    ``(E) not require the submission of any information 
                or supporting documentation beyond what is strictly 
                necessary (as determined by the Secretary) to determine 
                whether a circumstance listed in subsection (b) exists;
                    ``(F) clearly outline conditions under which an 
                exception request warrants expedited resolution from 
                the group health plan or health insurance issuer, 
                pursuant to subsection (d)(2); and
                    ``(G) allow a representative of a participant or 
                beneficiary, which may include a designated third-party 
                advocate, to act on behalf of the participant or 
                beneficiary.
            ``(2) Availability of process information.--The group 
        health plan or health insurance issuer shall make information 
        regarding the process required under subsection (a) readily 
        available in the relevant plan materials, including the summary 
        of benefits and, if available, on the website of the group 
        health plan or health insurance issuer. Such information shall 
        include--
                    ``(A) the requirements for requesting an exception 
                to a medication step therapy protocol pursuant to this 
                section; and
                    ``(B) any forms, supporting information, and 
                contact information, as appropriate.
    ``(d) Timing for Determination of Exception.--The process required 
under subsection (a)(1) shall provide for the disposition of requests 
received under such paragraph in accordance with the following:
            ``(1) Subject to paragraph (2), not later than 72 hours 
        after receiving an initial exception request, the plan or 
        issuer shall respond to the participant or beneficiary and, if 
        applicable, the requesting prescriber with either a 
        determination of exception eligibility or a request for 
        additional required information strictly necessary to make a 
        determination of whether the conditions specified in subsection 
        (b) are met. The plan or issuer shall respond to the 
        participant or beneficiary and, if applicable, the requesting 
        prescriber, with a determination of exception eligibility no 
        later than 72 hours after receipt of the additional required 
        information.
            ``(2) In the case of a request under circumstances in which 
        the applicable medication step therapy protocol may seriously 
        jeopardize the life or health of the participant or 
        beneficiary, may jeopardize the ability of the participant or 
        beneficiary to regain maximum function, or may subject the 
        participant or beneficiary to severe pain that cannot be 
        adequately managed without the treatment that is the subject of 
        the request, the plan or issuer shall conduct a review of the 
        request and respond to the participant or beneficiary and, if 
        applicable, the requesting prescriber, with either a 
        determination of exception eligibility or a request for 
        additional required information strictly necessary to make a 
        determination of whether the conditions specified in subsection 
        (b) are met, in accordance with the following:
                    ``(A) If the plan or issuer can make a 
                determination of exception eligibility without 
                additional information, such determination shall be 
                made on an expedited basis, and no later than 24 hours 
                after receipt of such request.
                    ``(B) If the plan or issuer requires additional 
                information before making a determination of exception 
                eligibility, the plan or issuer shall respond to the 
                participant or beneficiary and, if applicable, the 
                requesting prescriber, with a request for such 
                information within 24 hours of the request for a 
                determination, and shall respond with a determination 
                of exception eligibility as quickly as the condition or 
                disease requires, and no later than 24 hours after 
                receipt of the additional required information.
    ``(e) Duration of a Grant.--If an exception to a medication step 
therapy protocol is granted under this section to a participant or 
beneficiary, coverage for the requested drug shall remain in effect 
with respect to such participant or beneficiary for not less than 1 
year.
    ``(f) Medication Step Therapy Protocol.--In this section, the term 
`medication step therapy protocol' means a drug therapy utilization 
management protocol or program under which a group health plan or 
health insurance issuer offering group health insurance coverage of 
prescription drugs requires a participant or beneficiary to try an 
alternative preferred prescription drug or drugs before the plan or 
health insurance issuer approves coverage for the non-preferred drug 
therapy prescribed.
    ``(g) Clarification.--This section shall apply with respect to any 
group health plan or health insurance coverage offered in connection 
with such a plan that provides coverage of a prescription drug pursuant 
to a policy that meets the definition of the term `medication step 
therapy protocol' in subsection (f), regardless of whether such policy 
is described by such group health plan or health insurance coverage as 
a step therapy protocol.
    ``(h) Reporting.--
            ``(1) Reporting to the secretary.--Not later than 3 years 
        after the date of enactment of the Health CARE Act of 2026, and 
        not later than October 1 of each year thereafter, each group 
        health plan and health insurance issuer offering group health 
        insurance coverage shall report to the Secretary, in such 
        manner as the Secretary shall require, the following:
                    ``(A) The number of step therapy exception requests 
                received for each exception circumstance described in 
                paragraphs (1) through (6) of subsection (b), and the 
                numbers of such requests for each such circumstance 
                that were--
                            ``(i) approved;
                            ``(ii) denied, and the reasons for the 
                        denials;
                            ``(iii) initially denied and appealed; and
                            ``(iv) initially denied and then 
                        subsequently reversed by internal appeals or 
                        external reviews.
                    ``(B) The number of times a plan or issuer 
                requested additional information in response to a step 
                therapy exception request, by exception circumstance 
                described in paragraphs (1) through (6) of subsection 
                (b).
                    ``(C) The number of exception requests submitted by 
                participants or beneficiaries, and the number of 
                exception requests submitted by prescribers, by medical 
                specialty.
                    ``(D) The medical conditions for which participants 
                and beneficiaries were granted exceptions due to the 
                likelihood that switching from a prescription drug will 
                likely cause an adverse reaction by, or physical or 
                mental harm to, the participant or beneficiary, as 
                described in subsection (b)(3).
                    ``(E) The entities responsible for providing 
                pharmacy benefit management services for the group 
                health plan or health insurance coverage.
            ``(2) Information.--A group health plan or health insurance 
        issuer offering group health insurance coverage shall not enter 
        into a contract with a third-party administrator or an entity 
        providing pharmacy benefit management services on behalf of the 
        plan or coverage that prevents the plan or issuer from 
        obtaining from the third-party administrator or the entity 
        providing pharmacy benefit management services any information 
        needed for the plan or issuer to comply with the reporting 
        requirements under paragraph (1).
            ``(3) Reports to congress.--Not later than 3 years after 
        the date of enactment of the Health CARE Act of 2026, and not 
        later than October 1 of each year thereafter, the Secretary 
        shall submit to Congress, and make publicly available, a report 
        that contains a summary and analysis of the information 
        reported under paragraph (1), including an analysis of, with 
        respect to requests for exceptions under this section, 
        approvals, and denials, including the reasons for denials; 
        appeals and external reviews; and trends, if any, in exception 
        requests by medical specialty or medical condition.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et 
seq.) is amended by inserting after the item relating to section 713 
the following new item:

``Sec. 713A. Required exceptions process for medication step therapy 
                            protocols.''.
    (c) Effective Date.--
            (1) In general.--The amendment made by subsection (a) 
        applies with respect to plan years beginning with the first 
        plan year that begins at least 6 months after the date of the 
        enactment of this Act.
            (2) Regulations.--Not later than 6 months after the date of 
        the enactment of this Act, the Secretary of Labor shall issue 
        final regulations, through notice and comment rulemaking, to 
        implement the provisions of section 713A of the Employee 
        Retirement Income Security Act of 1974, as added by subsection 
        (a).

SEC. 502. ESTABLISHING REQUIREMENTS WITH RESPECT TO THE USE OF PRIOR 
              AUTHORIZATION UNDER MEDICARE ADVANTAGE PLANS.

    (a) In General.--Section 1852 of the Social Security Act (42 U.S.C. 
1395w-22) is amended by adding at the end the following new subsection:
    ``(o) Prior Authorization Requirements.--
            ``(1) In general.--In the case of a Medicare Advantage plan 
        that imposes any prior authorization requirement with respect 
        to any applicable item or service (as defined in paragraph (5)) 
        during a plan year, such plan shall--
                    ``(A) beginning with plan years beginning on or 
                after January 1, 2029--
                            ``(i) establish the electronic prior 
                        authorization program described in paragraph 
                        (2); and
                            ``(ii) meet the enrollee protection 
                        standards specified pursuant to paragraph (4); 
                        and
                    ``(B) beginning with plan years beginning on or 
                after January 1, 2028, meet the transparency 
                requirements specified in paragraph (3).
            ``(2) Electronic prior authorization program.--
                    ``(A) In general.--For purposes of paragraph 
                (1)(A), the electronic prior authorization program 
                described in this paragraph is a program that provides 
                for the secure electronic transmission of--
                            ``(i) a prior authorization request from a 
                        provider or supplier to a Medicare Advantage 
                        plan with respect to an applicable item or 
                        service to be furnished to an individual and a 
                        response, in accordance with this paragraph, 
                        from such plan to such provider or supplier; 
                        and
                            ``(ii) any supporting documentation 
                        relating to such request or response.
                    ``(B) Electronic transmission.--
                            ``(i) Exclusions.--For purposes of this 
                        paragraph, a facsimile, a proprietary payer 
                        portal that does not meet standards specified 
                        by the Secretary, or an electronic form shall 
                        not be treated as an electronic transmission 
                        described in subparagraph (A).
                            ``(ii) Standards.--An electronic 
                        transmission described in subparagraph (A) 
                        shall comply with applicable technical 
                        standards and other requirements to promote the 
                        standardization and streamlining of electronic 
                        transactions adopted by the Secretary.
            ``(3) Transparency requirements.--
                    ``(A) In general.--For purposes of paragraph 
                (1)(B), the transparency requirements specified in this 
                paragraph are, with respect to a Medicare Advantage 
                plan, the following:
                            ``(i) The plan, annually and in a manner 
                        specified by the Secretary, shall submit to the 
                        Secretary the following information:
                                    ``(I) A list of all applicable 
                                items and services that were subject to 
                                a prior authorization requirement under 
                                the plan during the previous plan year.
                                    ``(II) The percentage and number of 
                                specified requests (as defined in 
                                subparagraph (F)) approved during the 
                                previous plan year by the plan in an 
                                initial determination and the 
                                percentage and number of specified 
                                requests denied during such plan year 
                                by such plan in an initial 
                                determination (both in the aggregate 
                                and categorized by each item and 
                                service).
                                    ``(III) The percentage and number 
                                of specified requests that were denied 
                                during the previous plan year by the 
                                plan in an initial determination and 
                                that were subsequently appealed.
                                    ``(IV) The number of appeals of 
                                specified requests resolved during the 
                                preceding plan year, and the percentage 
                                and number of such resolved appeals 
                                that resulted in approval of the 
                                furnishing of the item or service that 
                                was the subject of such request, 
                                categorized by each applicable item and 
                                service and categorized by each level 
                                of appeal (including judicial review).
                                    ``(V) The percentage and number of 
                                specified requests that were denied, 
                                and the percentage and number of 
                                specified requests that were approved, 
                                by the plan during the previous plan 
                                year through the utilization of 
                                decision support technology, artificial 
                                intelligence technology, machine-
                                learning technology, clinical decision-
                                making technology, or any other 
                                technology specified by the Secretary.
                                    ``(VI) The average and the median 
                                amount of time (in hours) that elapsed 
                                during the previous plan year between 
                                the submission of a specified request 
                                to the plan and a determination by the 
                                plan with respect to such request for 
                                each such item and service, excluding 
                                any such requests that were not 
                                submitted with the medical or other 
                                documentation required to be submitted 
                                by the plan.
                                    ``(VII) The percentage and number 
                                of specified requests that were 
                                excluded from the calculation described 
                                in subclause (VI) based on the plan's 
                                determination that such requests were 
                                not submitted with the medical or other 
                                documentation required to be submitted 
                                by the plan.
                                    ``(VIII) Information on each 
                                occurrence during the previous plan 
                                year in which, during a surgical or 
                                medical procedure involving the 
                                furnishing of an applicable item or 
                                service with respect to which such plan 
                                had approved a prior authorization 
                                request, the provider or supplier 
                                furnishing such item or service 
                                determined that a different or 
                                additional item or service was 
                                medically necessary, including a 
                                specification of whether such plan 
                                subsequently approved the furnishing of 
                                such different or additional item or 
                                service.
                                    ``(IX) A disclosure and description 
                                of any technology described in 
                                subclause (V) that the plan utilized 
                                during the previous plan year in making 
                                determinations with respect to 
                                specified requests.
                                    ``(X) The number of grievances (as 
                                described in subsection (f)) received 
                                by such plan during the previous plan 
                                year that were related to a prior 
                                authorization requirement.
                                    ``(XI) Such other information as 
                                the Secretary determines appropriate.
                            ``(ii) The plan shall provide--
                                    ``(I) to each provider or supplier 
                                who seeks to enter into a contract with 
                                such plan to furnish applicable items 
                                and services under such plan, the list 
                                described in clause (i)(I) and any 
                                policies or procedures used by the plan 
                                for making determinations with respect 
                                to prior authorization requests;
                                    ``(II) to each such provider and 
                                supplier that enters into such a 
                                contract, access to the criteria used 
                                by the plan for making such 
                                determinations and an itemization of 
                                the medical or other documentation 
                                required to be submitted by a provider 
                                or supplier with respect to such a 
                                request; and
                                    ``(III) to an enrollee of the plan, 
                                upon request, access to the criteria 
                                used by the plan for making 
                                determinations with respect to prior 
                                authorization requests for an item or 
                                service.
                    ``(B) Option for plan to provide certain additional 
                information.--As part of the information described in 
                subparagraph (A)(i) provided to the Secretary during a 
                plan year, a Medicare Advantage plan may elect to 
                include information regarding the percentage and number 
                of specified requests made with respect to an 
                individual and an item or service that were denied by 
                the plan during the preceding plan year in an initial 
                determination based on such requests failing to 
                demonstrate that such individuals met the clinical 
                criteria established by such plan to receive such items 
                or services.
                    ``(C) Regulations.--The Secretary shall, through 
                notice and comment rulemaking, establish requirements 
                for Medicare Advantage plans regarding the provision 
                of--
                            ``(i) access to criteria described in 
                        subparagraph (A)(ii)(II) to providers of 
                        services and suppliers in accordance with such 
                        subparagraph; and
                            ``(ii) access to such criteria to enrollees 
                        in accordance with subparagraph (A)(ii)(III).
                    ``(D) Publication of information.--The Secretary 
                shall publish information described in subparagraph 
                (A)(i) and subparagraph (B) on a public website of the 
                Centers for Medicare & Medicaid Services. Such 
                information shall be so published on an individual plan 
                level and may in addition be aggregated in such manner 
                as determined appropriate by the Secretary.
                    ``(E) Medpac report.--Not later than 3 years after 
                the date information is first submitted under 
                subparagraph (A)(i), the Medicare Payment Advisory 
                Commission shall submit to Congress a report on such 
                information that includes a descriptive analysis of the 
                use of prior authorization. As appropriate, the 
                Commission should report on statistics including the 
                frequency of appeals and overturned decisions. The 
                Commission shall provide recommendations, as 
                appropriate, on any improvement that should be made to 
                the electronic prior authorization programs of Medicare 
                Advantage plans.
                    ``(F) Specified request defined.--For purposes of 
                this paragraph, the term `specified request' means a 
                prior authorization request made with respect to an 
                applicable item or service.
            ``(4) Enrollee protection standards.--For purposes of 
        paragraph (1)(A)(ii), with respect to the use of prior 
        authorization by Medicare Advantage plans for applicable items 
        and services, the enrollee protection standards specified in 
        this paragraph are--
                    ``(A) the adoption of transparent prior 
                authorization programs developed in consultation with 
                enrollees and with providers and suppliers with 
                contracts in effect with such plans for furnishing such 
                items and services under such plans;
                    ``(B) allowing for the waiver or modification of 
                prior authorization requirements based on the 
                performance of such providers and suppliers in 
                demonstrating compliance with such requirements, such 
                as adherence to evidence-based medical guidelines and 
                other quality criteria; and
                    ``(C) conducting annual reviews of such items and 
                services for which prior authorization requirements are 
                imposed under such plans through a process that takes 
                into account input from enrollees and from providers 
                and suppliers with such contracts in effect and is 
                based on consideration of prior authorization data from 
                previous plan years and analyses of current coverage 
                criteria.
            ``(5) Applicable item or service defined.--For purposes of 
        this subsection, the term `applicable item or service' means, 
        with respect to a Medicare Advantage plan, any item or service 
        for which benefits are available under such plan, other than a 
        covered part D drug.
            ``(6) Reports to congress.--
                    ``(A) GAO.--Not later than January 1, 2033, the 
                Comptroller General of the United States shall submit 
                to Congress a report containing an evaluation of the 
                implementation of the requirements of this subsection 
                and an analysis of issues in implementing such 
                requirements faced by Medicare Advantage plans.
                    ``(B) HHS.--
                            ``(i) The secretary.--Not later than the 
                        end of the fifth plan year beginning after the 
                        date of the enactment of this subsection, and 
                        biennially thereafter through the date that is 
                        10 years after such date of enactment, the 
                        Secretary shall submit to Congress a report 
                        containing a description of the information 
                        submitted under paragraph (3)(A)(i) during--
                                    ``(I) in the case of the first such 
                                report, the fourth plan year beginning 
                                after the date of the enactment of this 
                                subsection; and
                                    ``(II) in the case of a subsequent 
                                report, the 2 plan years preceding the 
                                year of the submission of such report.
                            ``(ii) CMS.--Not later than January 1, 
                        2029, the Centers for Medicare & Medicaid 
                        Services and the Office of the National 
                        Coordinator for Health Information Technology 
                        shall submit to Congress and publish on the 
                        internet website of the Centers for Medicare & 
                        Medicaid Services a report that--
                                    ``(I) defines the term `real-time 
                                decision' and details how the 
                                definition for such term may be updated 
                                based on any technological advances;
                                    ``(II) using the data submitted to 
                                the Secretary under paragraph 
                                (3)(A)(i), details a process for real-
                                time decisions for routinely approved 
                                items and services for purposes of the 
                                electronic prior authorization program 
                                described in paragraph (2); and
                                    ``(III) includes an analysis of--
                                            ``(aa) items and services 
                                        that are routinely approved;
                                            ``(bb) items and services 
                                        identified in item (aa) that 
                                        could be eligible for real-time 
                                        decisions;
                                            ``(cc) whether establishing 
                                        real-time decisions for such 
                                        items and services could--

                                                    ``(AA) improve 
                                                enrollee access to 
                                                benefits under this 
                                                part;

                                                    ``(BB) produce 
                                                operational 
                                                efficiencies for 
                                                providers and suppliers 
                                                and Medicare Advantage 
                                                plans; and

                                                    ``(CC) reduce 
                                                health disparities for 
                                                Medicare Advantage 
                                                enrollees in rural and 
                                                low-income communities; 
                                                and

                                            ``(dd) how determinations 
                                        of routinely approved items and 
                                        services made solely through 
                                        automation and artificial 
                                        intelligence by Medicare 
                                        Advantage plans impact patient 
                                        access, including disparities 
                                        in access for rural and low-
                                        income beneficiaries.''.
    (b) Providing the Secretary Authority To Enforce Timely Responses 
for All Prior Authorization Requests Submitted Under Part C.--Section 
1852(g) of the Social Security Act (42 U.S.C. 1395w-22(g)) is amended--
            (1) in paragraph (1)(A), by inserting ``and in accordance 
        with any timeframe established by the Secretary under paragraph 
        (6)'' after ``paragraph (3)'';
            (2) in paragraph (3)(B)(iii), by inserting ``(with respect 
        to prior authorization requests submitted on or after the first 
        day of the third plan year beginning after the date of the 
        enactment of the Health CARE Act of 2026, any timeframe 
        established by the Secretary under paragraph (6))'' after ``72 
        hours''; and
            (3) by adding at the end the following new paragraph:
            ``(6) Timeframe for response to prior authorization 
        requests.--Subject to paragraph (3), the Secretary may 
        establish, for purposes of an organization determination made 
        with respect to a prior authorization request for an item or 
        service to be furnished to an individual, timeframes, such as 
        24 hours, for the organization to notify the enrollee (and the 
        physician involved, as appropriate) of such determination for--
                    ``(A) a request for expedited determination 
                described in paragraph (3)(A);
                    ``(B) a real time decision for routinely approved 
                items and services; and
                    ``(C) any other prior authorization request.''.

SEC. 503. SPECIAL ENROLLMENT PERIOD FOR PROVIDER TERMINATIONS.

    Section 1851(e)(4) of the Social Security Act (42 U.S.C. 1395w-
21(e)(4)) is amended--
            (1) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (2) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) the individual demonstrates or the Secretary 
                or organization determines that the individual is 
                assigned to, currently receiving care from, or has 
                received care in the previous 3 months from, a provider 
                of services or supplier that is terminated from the 
                provider network of the plan;''.

SEC. 504. PROVIDING COVERAGE FOR HEARING CARE UNDER THE MEDICARE 
              PROGRAM.

    (a) Provision of Audiology Services by Qualified Audiologists and 
Qualified Hearing Aid Professionals.--
            (1) In general.--Section 1861(ll) of the Social Security 
        Act (42 U.S.C. 1395x(ll)) is amended--
                    (A) in paragraph (3)--
                            (i) by inserting ``(and, beginning January 
                        1, 2028, such aural rehabilitation and 
                        treatment services)'' after ``assessment 
                        services'';
                            (ii) by inserting ``, and, beginning on 
                        January 1, 2028, such hearing assessment 
                        services furnished by a qualified hearing aid 
                        professional,'' after ``by a qualified 
                        audiologist''; and
                            (iii) by striking ``the audiologist'' and 
                        inserting ``the audiologist or qualified 
                        hearing aid professional''; and
                    (B) in paragraph (4), by adding at the end the 
                following new subparagraph:
            ``(C) The term `qualified hearing aid professional' means, 
        with respect to hearing assessment services described in 
        paragraph (3), an individual who--
                    ``(i) is licensed or registered as a hearing aid 
                dispenser, hearing aid specialist, hearing instrument 
                dispenser, or related professional by the State in 
                which the individual furnishes such services; and
                    ``(ii) meets such other requirements as the 
                Secretary determines appropriate (including 
                requirements relating to educational certifications or 
                accreditations), taking into account any additional 
                requirements for hearing aid specialists, hearing aid 
                dispensers, and hearing instrument dispensers 
                established by Medicare Advantage organizations under 
                part C, State plans (or waivers of such plans) under 
                title XIX, and the group health plans and health 
                insurance issuers (as such terms are defined in section 
                2791 of the Public Health Service Act).''.
            (2) Payment for qualified hearing aid professionals.--
        Section 1833(a)(1) of the Social Security Act (42 U.S.C. 
        1395l(a)(1)) is amended--
                    (A) by striking ``and'' before ``(HH)''; and
                    (B) by inserting before the semicolon at the end 
                the following: ``and (II) with respect to hearing 
                assessment services (as described in paragraph (3) of 
                section 1861(ll)) furnished by a qualified hearing aid 
                professional (as defined in paragraph (4)(C) of such 
                section), the amounts paid shall be equal to 80 percent 
                of the lesser of the actual charge for such services or 
                85 percent of the amount for such services determined 
                under the payment basis determined under section 
                1848''.
    (b) Coverage of Hearing Aids.--
            (1) Inclusion of hearing aids as prosthetic devices.--
        Section 1861(s)(8) of the Social Security Act (42 U.S.C. 
        1395x(s)(8)) is amended by inserting ``, and including hearing 
        aids (as described in section 1834(h)(7)) furnished on or after 
        January 1, 2028, to individuals diagnosed with moderately 
        severe, severe, or profound hearing loss'' before the semicolon 
        at the end.
            (2) Payment limitations for hearing aids.--Section 1834(h) 
        of the Social Security Act (42 U.S.C. 1395m(h)) is amended by 
        adding at the end the following new paragraphs:
            ``(6) Payment only on an assignment-related basis.--Payment 
        for hearing aids for which payment may be made under this part 
        may be made only on an assignment-related basis. The provisions 
        of section 1842(b)(18)(B) shall apply to hearing aids in the 
        same manner as they apply to services furnished by a 
        practitioner described in subsection (b)(18)(C).
            ``(7) Limitations for hearing aids.--Payment may be made 
        under this part with respect to an individual, with respect to 
        hearing aids furnished on or after January 1, 2028--
                    ``(A) not more than once per ear during a 5-year 
                period;
                    ``(B) only for types of such hearing aids that are 
                determined appropriate by the Secretary; and
                    ``(C) only if furnished pursuant to a written order 
                of a physician, qualified audiologist (as defined in 
                section 1861(ll)(4)), qualified hearing aid 
                professional (as so defined), physician assistant, 
                nurse practitioner, or clinical nurse specialist.''.
            (3) Application of competitive acquisition.--
                    (A) In general.--Section 1834(h)(1)(H) of the 
                Social Security Act (42 U.S.C. 1395m(h)(1)(H)) is 
                amended--
                            (i) in the header, by inserting ``and 
                        hearing aids'' after ``orthotics'';
                            (ii) in the matter preceding clause (i), by 
                        inserting ``, or of hearing aids described in 
                        paragraph (2)(E) of such section,'' after 
                        ``2011,''; and
                            (iii) in clause (i), by inserting ``or such 
                        hearing aids'' after ``such orthotics''.
                    (B) Conforming amendment.--
                            (i) In general.--Section 1847(a)(2) of the 
                        Social Security Act (42 U.S.C. 1395w-3(a)(2)) 
                        is amended by adding at the end the following 
                        new subparagraph:
                    ``(E) Hearing aids.--Hearing aids described in 
                section 1861(s)(8) for which payment would otherwise be 
                made under section 1834(h).''.
                            (ii) Exemption of certain items from 
                        competitive acquisition.--Section 1847(a)(7) of 
                        the Social Security Act (42 U.S.C. 1395w-
                        3(a)(7)) is amended by adding at the end the 
                        following new subparagraph:
                    ``(C) Certain hearing aids.--Those items and 
                services described in paragraph (2)(E) if furnished by 
                a physician or other practitioner (as defined by the 
                Secretary) to the physician's or practitioner's own 
                patients as part of the physician's or practitioner's 
                professional service.''.
            (4) Inclusion of qualified audiologists and qualified 
        hearing aid professionals as certain practitioners to receive 
        payment on an assignment-related basis.--Section 1842(b)(18)(C) 
        of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)), is 
        amended by adding at the end the following new clauses:
                            ``(ix) Beginning on January 1, 2028, a 
                        qualified audiologist (as defined in section 
                        1861(ll)(4)(B)).
                            ``(x) A qualified hearing aid professional 
                        (as defined in section 1861(ll)(4)(C)).''.
    (c) Exclusion Modification.--Section 1862(a)(7) of the Social 
Security Act (42 U.S.C. 1395y(a)(7)) is amended by inserting ``(except 
such hearing aids or examinations therefor as described in and 
otherwise allowed under section 1861(s)(8))'' after ``hearing aids or 
examinations therefor''.
    (d) Inclusion as Excepted Medical Treatment.--Section 1821(b)(5)(A) 
of the Social Security Act (42 U.S.C. 1395i-5(b)(5)(A)) is amended--
            (1) in clause (ii), by striking ``or'';
            (2) in clause (iii), by striking the period and inserting 
        ``, or''; and
            (3) by adding at the end the following new clause:
                            ``(iv) consisting of audiology services 
                        described in subsection (ll)(3) of section 
                        1861, or hearing aids described in subsection 
                        (s)(8) of such section, that are payable under 
                        part B as a result of the amendments made by 
                        the Health CARE Act of 2026.''.
    (e) Rural Health Clinics and Federally Qualified Health Centers.--
            (1) Clarifying coverage of audiology services as 
        physicians' services.--Section 1861(aa)(1)(A) of the Social 
        Security Act (42 U.S.C. 1395x(aa)(1)(A)) is amended by 
        inserting ``(including audiology services (as defined in 
        subsection (ll)(3)))'' after ``physicians' services''.
            (2) Inclusion of qualified audiologists and qualified 
        hearing aid professionals as rhc and fqhc practitioners.--
        Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 
        1395x(aa)(1)(B)) is amended by inserting ``or by a qualified 
        audiologist or a qualified hearing aid professional (as such 
        terms are defined in subsection (ll)),'' after ``(as defined in 
        subsection (hh)(1)),''.
            (3) Temporary payment rates for certain services under the 
        rhc air and fqhc pps.--
                    (A) AIR.--Section 1833 of the Social Security Act 
                (42 U.S.C. 1395l) is amended--
                            (i) in subsection (a)(3)(A), by inserting 
                        ``(which shall, in the case of audiology 
                        services (as defined in section 1861(ll)(3)), 
                        in lieu of any limits on reasonable charges 
                        otherwise applicable, be based on the rates 
                        payable for such services under the payment 
                        basis determined under section 1848 until such 
                        time as the Secretary determines sufficient 
                        data has been collected to otherwise apply such 
                        limits (or January 1, 2034, if no such 
                        determination has been made as of such date))'' 
                        after ``may prescribe in regulations''; and
                            (ii) by adding at the end the following new 
                        subsection:
    ``(ee) Disregard of Costs Attributable to Certain Services From 
Calculation of RHC AIR.--Payments for rural health clinic services 
other than audiology services (as defined in section 1861(ll)(3)) under 
the methodology for all-inclusive rates (established by the Secretary) 
under subsection (a)(3) shall not take into account the costs of such 
services while rates for such services are based on rates payable for 
such services under the payment basis established under section 
1848.''.
                    (B) PPS.--Section 1834(o) of the Social Security 
                Act (42 U.S.C. 1395m(o)) is amended by adding at the 
                end the following new paragraph:
            ``(6) Temporary payment rates based on pfs for certain 
        services.--The Secretary shall, in establishing payment rates 
        for audiology services (as defined in section 1861(ll)(3)) that 
        are Federally qualified health center services under the 
        prospective payment system established under this subsection, 
        in lieu of the rates otherwise applicable under such system, 
        base such rates on rates payable for such services under the 
        payment basis established under section 1848 until such time as 
        the Secretary determines sufficient data has been collected to 
        otherwise establish rates for such services under such system 
        (or January 1, 2034, if no such determination has been made as 
        of such date). Payments for Federally qualified health center 
        services other than such audiology services under such system 
        shall not take into account the costs of such services while 
        rates for such services are based on rates payable for such 
        services under the payment basis established under section 
        1848.''.
    (f) Implementation.--
            (1) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Secretary of Health and 
        Human Services for fiscal year 2027, out of any money in the 
        Treasury not otherwise appropriated, $370,000,000, to remain 
        available until expended, for purposes of implementing the 
        amendments made by this section during the period beginning on 
        January 1, 2027, and ending on September 30, 2036.
            (2) Program instruction.--The Secretary of Health and Human 
        Services shall implement the provisions of, and the amendments 
        made by, this section for 2027 and 2028 by program instruction.

                  TITLE VI--LOWERING THE COST OF CARE

SEC. 601. STRENGTHENING HOSPITAL PRICE TRANSPARENCY.

    Title XXVII of the Public Health Service Act is amended by 
inserting after section 2718 (42 U.S.C. 300gg-18) the following:

``SEC. 2718A. PROVIDER PRICE TRANSPARENCY.

    ``(a) Definitions.--In this section:
            ``(1) Applicable imaging service provider.--The term 
        `applicable imaging provider' means a provider of services or 
        supplier who furnishes any imaging services to patients, 
        including an independent diagnostic testing facility, an 
        outpatient diagnostic facility, and any other imaging center 
        designated by the Secretary, except that such term does not 
        include an imaging service provider with respect to which 
        standard charges for specified imaging service provider 
        services furnished by such service provider are made available 
        by a hospital pursuant to subsection (b) or specified 
        ambulatory surgical center pursuant to subsection (e).
            ``(2) Applicable laboratory.--The term `applicable 
        laboratory' means a `laboratory' as such term is defined in 
        section 493.2, of title 42, Code of Federal Regulations (or a 
        successor regulation), except that such term does not include a 
        laboratory with respect to which standard charges for specified 
        clinical diagnostic laboratory tests furnished by such 
        laboratory are made available by a hospital pursuant to 
        subsection (b) or specified ambulatory surgical center pursuant 
        to subsection (e).
            ``(3) Discounted cash price.--
                    ``(A) In general.--The term `discounted cash price' 
                means the minimum charge expressed as a dollar amount, 
                subject to subparagraph (B), that the applicable 
                service provider subject to this section accepts from 
                an individual who pays cash, or cash equivalent, for a 
                furnished item or service, without regard to health 
                insurance coverage, as payment in full.
                    ``(B) Exclusions.--For purposes of subparagraph 
                (A), the minimum charge described in such subparagraph, 
                with respect to a furnished item or service, as 
                applicable, shall be calculated without taking into 
                account any financial assistance, including assistance 
                attributable to charity care (in the case of a 
                hospital, as such term is used for purposes of hospital 
                cost reporting under title XVIII of the Social Security 
                Act), or third-party assistance for such item or 
                service.
            ``(4) Extraordinary collection actions.--The term 
        `extraordinary collection action' has the meaning given such 
        term for purposes of section 501(r) of the Internal Revenue 
        Code of 1986.
            ``(5) Gross charge.--The term `gross charge' means the 
        charge for an individual item or service that is reflected on a 
        hospital's chargemaster or similar list of prices facilitated 
        by any other provider, as defined by the Secretary, absent any 
        discounts.
            ``(6) Hospital.--The term `hospital' means an institution 
        in any State in which State or applicable local law provides 
        for the licensing of hospitals, that is licensed as a hospital 
        pursuant to such law or is approved, by the agency of such 
        State or locality responsible for licensing hospitals, as 
        meeting the standards established for such licensing. For 
        purposes of this paragraph, the term `State' includes each of 
        the several States, the District of Columbia, Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, and the Northern Mariana 
        Islands.
            ``(7) Payer-specific negotiated charge.--The term `payer-
        specific negotiated charge' means the charge that a hospital 
        has negotiated with a third-party payer for an item or service.
            ``(8) Shoppable service.--The term `shoppable service' 
        means a service that can be scheduled by a healthcare consumer 
        in advance. Such services are routinely provided in non-urgent 
        situations that do not require immediate action or attention to 
        the patient, thus allowing patients to price shop and schedule 
        a service at a time that is convenient for them.
            ``(9) Specified ambulatory surgical center.--The term 
        `specified ambulatory surgical center' means any distinct 
        entity that operates exclusively for the purpose of providing 
        surgical services to patients not requiring hospitalization and 
        in which the expected duration of services would not exceed 24 
        hours following an admission, except that such term does not 
        include a surgical center with respect to which standard 
        charges for specified ambulatory surgical center services 
        furnished by such surgical center are made available by a 
        hospital pursuant to subsection (b).
            ``(10) Specified clinical diagnostic laboratory test.--The 
        term `specified clinical diagnostic laboratory test' means any 
        clinical diagnostic laboratory test or service that is provided 
        by the applicable laboratory, excluding advanced diagnostic 
        laboratory tests (as defined in section 1834A(d)(5) of the 
        Social Security Act).
            ``(11) Specified imaging service.--The term `specified 
        imaging service' has the meaning given to the term `radiology 
        and certain other imaging services' for purposes of section 
        411.351 of title 42, Code of Federal Regulations (or successor 
        regulations).
            ``(12) Third party payer.--The term `third party payer' 
        means an entity that is, by statute, contract, or agreement, 
        legally responsible for payment of a claim for a health care 
        item or service.
    ``(b) Hospital Price Transparency.--
            ``(1) In general.--Beginning January 1 of the year that 
        begins on or after the date that is 1 year after the date of 
        enactment of the Health CARE Act of 2026, each hospital shall, 
        in accordance with a method and format established by the 
        Secretary under paragraph (3), on a quarterly basis (if there 
        have been any changes to the standard charges described in 
        subparagraph (2)) compile and make publicly available on an 
        internet website (without subscription and free of charge)--
                    ``(A) all of the hospital's standard charges for 
                each item and service furnished by such hospital in a 
                machine-readable format (or a successor technology 
                specified by the Secretary);
                    ``(B) all of the hospital's standard charges in a 
                consumer-friendly format (as specified by the 
                Secretary), that includes--
                            ``(i) as many of the Centers for Medicare & 
                        Medicaid Services-specified shoppable services 
                        that are furnished by the hospital, and as many 
                        additional hospital-selected shoppable services 
                        (or all such additional services, if such 
                        hospital furnishes fewer than 300 shoppable 
                        services) as may be necessary for a combined 
                        total of at least 300 shoppable services 
                        through the January 1 described in this 
                        subparagraph, after which the hospital shall 
                        include all shoppable services that the 
                        hospital furnishes; and
                            ``(ii) with respect to each Centers for 
                        Medicare & Medicaid Services-specified 
                        shoppable service that is not furnished by the 
                        hospital, an indication that such service is 
                        not so furnished; and
                    ``(C) the name and business address for each person 
                or entity that, with respect to the hospital--
                            ``(i) has an ownership or investment 
                        interest;
                            ``(ii) has a controlling interest;
                            ``(iii) is a management services 
                        organization; or
                            ``(iv) is a significant equity investor.
            ``(2) Standard charges defined.--For purposes of paragraph 
        (1), the term `standard charges' means the following:
                    ``(A) A plain language description of each item and 
                service, accompanied by any applicable billing codes, 
                including modifiers, using commonly recognized billing 
                code sets, including--
                            ``(i) the Diagnosis Related Group;
                            ``(ii) the Healthcare Common Procedure 
                        Coding System code;
                            ``(iii) the National Drug Code; and
                            ``(iv) other applicable identifiers as 
                        determined by the Secretary (or successor code 
                        sets).
                    ``(B) The gross charge, expressed as a dollar 
                amount, for each such item or service, when provided 
                in, as applicable, the inpatient setting and outpatient 
                department setting.
                    ``(C) The discounted cash price.
                    ``(D) The payer-specific negotiated charges, 
                expressed as a dollar amount and clearly associated 
                with the name of the applicable third-party payer and 
                name of each plan, that apply to each such item or 
                service when provided in, as applicable, the inpatient 
                setting and outpatient department setting. If the 
                charges are based on an algorithm, percentage of 
                another amount, or other formula or criteria, the 
                hospital shall also disclose such algorithm, 
                percentage, formula, or criteria as set forth in its 
                contract and any other information necessary to 
                determine the negotiated charge as a dollar amount.
                    ``(E) The de-identified maximum and minimum 
                negotiated charges for each such item or service, 
                expressed as a non-zero dollar amount.
                    ``(F) The amount of any facility fee, as defined by 
                the Secretary, or add-on charges that will be part of 
                the final payment amount, in addition to any 
                information that might help the patient understand when 
                a facility fee or add-on charge may apply and how to 
                avoid such charges.
                    ``(G) Any other additional information the 
                Secretary may require for the purpose of improving the 
                accuracy of, or enabling consumers to easily understand 
                and compare, standard charges for an item or service, 
                except information that is duplicative of any other 
                reporting requirement under this subsection. In the 
                case of standard charges for an item or service 
                included as part of a bundled, per diem, episodic, or 
                other similar arrangement, the information described in 
                this subparagraph shall be made available as determined 
                appropriate by the Secretary.
            ``(3) Uniform method and format.--The Secretary shall 
        establish a standard, uniform method and format for hospitals 
        to use in compiling and making public information described in 
        paragraph (1). Such method and format shall--
                    ``(A) include a machine-readable format (or 
                successor technology specified by the Secretary) 
                containing the information described in paragraph (2) 
                for all items and services furnished by each hospital;
                    ``(B) meet such standards as determined appropriate 
                by the Secretary in order to ensure the accessibility 
                and usability of such charges; and
                    ``(C) be updated as determined appropriate by the 
                Secretary, in consultation with stakeholders.
            ``(4) No deemed compliance.--Hospitals may offer a price 
        estimator tool, but the availability of such a price estimator 
        tool shall not be considered to deem compliance with or 
        otherwise vitiate the requirements of paragraph (1)(B) or any 
        other requirements of this subsection.
            ``(5) Monitoring compliance.--The Secretary shall, in 
        consultation with the Inspector General of the Department of 
        Health and Human Services, establish a process to monitor 
        compliance with this subsection. Such process shall ensure that 
        each hospital's compliance with this subsection is reviewed not 
        less frequently than once every year.
            ``(6) Attestation.--A senior official from each hospital 
        (the Chief Executive Officer, Chief Financial Officer, or an 
        official of equivalent seniority) shall attest to the accuracy 
        and completeness of the disclosures, and any other attestations 
        as required by the Secretary, made in accordance with the 
        hospital price transparency requirements based on criteria 
        established by the Secretary.
            ``(7) Enforcement.--
                    ``(A) In general.--In the case of a hospital that 
                fails to comply with the requirements of this 
                subsection, not later than 30 days after the date on 
                which the Secretary determines such failure exists, the 
                Secretary shall notify such hospital of such 
                determination, which shall include a request for a 
                corrective action plan if applicable to comply with 
                such requirements.
                    ``(B) Civil monetary penalty.--
                            ``(i) In general.--In addition to any other 
                        enforcement actions or penalties that may apply 
                        under another provision of law, a hospital that 
                        has received a request for a corrective action 
                        plan under subparagraph (A) and fails to comply 
                        with the requirements of this subsection by the 
                        date that is 90 days after such request is made 
                        shall be subject to a civil monetary penalty of 
                        an amount specified by the Secretary for each 
                        day (beginning on the day the hospital was 
                        first out of compliance, as determined by the 
                        Secretary) during which such failure was 
                        ongoing. Such amount shall not exceed--
                                    ``(I) in the case of a specified 
                                hospital with 30 or fewer beds, $300 
                                per day (or, in the case of such a 
                                hospital that has been noncompliant 
                                with such requirements for a 1-year 
                                period or longer, beginning with the 
                                first day following such 1-year period, 
                                $400 per day);
                                    ``(II) in the case of a specified 
                                hospital with more than 30 beds but 
                                fewer than 101 beds, $12.50 per bed per 
                                day (or, in the case of such a hospital 
                                that has been noncompliant with such 
                                requirements for a 1-year period or 
                                longer, beginning with the first day 
                                following such 1-year period, $15 per 
                                bed per day);
                                    ``(III) in the case of a specified 
                                hospital with more than 100 beds but 
                                fewer than 201 beds, $17.50 per bed per 
                                day (or, in the case of such a hospital 
                                that has been noncompliant with such 
                                requirements for a 1-year period or 
                                longer, beginning with the first day 
                                following such 1-year period, $20 per 
                                bed per day);
                                    ``(IV) in the case of a specified 
                                hospital with more than 200 beds but 
                                fewer than 501 beds, $20 per bed per 
                                day (or, in the case of such a hospital 
                                that has been noncompliant with such 
                                requirements for a 1-year period or 
                                longer, beginning with the first day 
                                following such 1-year period, $25 per 
                                bed per day); and
                                    ``(V) in the case of a specified 
                                hospital with more than 500 beds, $25 
                                per bed per day (or, in the case of 
                                such a hospital that has been 
                                noncompliant with such requirements for 
                                a 1-year period or longer, beginning 
                                with the first day following such 1-
                                year period, $35 per bed per day).
                            ``(ii) Increase authority.--In applying 
                        this subparagraph with respect to hospitals 
                        that fail to comply in 2028 or a subsequent 
                        year, the Secretary may through notice and 
                        comment rulemaking increase--
                                    ``(I) the limitation on the per day 
                                amount of any penalty applicable to a 
                                hospital under clause (i)(I);
                                    ``(II) the limitations on the per 
                                bed per day amount of any penalty 
                                applicable under any of subclauses (II) 
                                through (V) of clause (i); and
                                    ``(III) the limitation on the 
                                increase of any penalty applied under 
                                clause (iii) pursuant to the amounts 
                                specified in subclause (II) of such 
                                clause.
                            ``(iii) Persistent noncompliance.--
                                    ``(I) In general.--In the case of a 
                                hospital that the Secretary has 
                                determined to be noncompliant with the 
                                provisions of this subsection two or 
                                more times during a 1-year period (as 
                                determined by the Secretary), the 
                                Secretary may increase any penalty 
                                otherwise applicable under this 
                                subparagraph by the amount specified in 
                                subclause (II) with respect to such 
                                hospital and may require such hospital 
                                to complete such additional corrective 
                                actions plans as the Secretary may 
                                specify.
                                    ``(II) Specified amount.--For 
                                purposes of subclause (I), the amount 
                                specified in this subclause is, with 
                                respect to a hospital--
                                            ``(aa) with more than 30 
                                        beds but fewer than 101 beds, 
                                        an amount that is not less than 
                                        $500,000 and not more than 
                                        $1,000,000;
                                            ``(bb) with more than 100 
                                        beds but fewer than 301 beds, 
                                        an amount that is greater than 
                                        $1,000,000 and not more than 
                                        $2,000,000;
                                            ``(cc) with more than 300 
                                        beds but fewer than 501 beds, 
                                        an amount that is greater than 
                                        $2,000,000 and not more than 
                                        $4,000,000; and
                                            ``(dd) with more than 500 
                                        beds, an amount that is not 
                                        less than $5,000,000 and not 
                                        more than $10,000,000.
                            ``(iv) Provision of technical assistance.--
                        The Secretary may, to the extent practicable, 
                        provide technical assistance relating to 
                        compliance with the provisions of this section 
                        to hospitals requesting such assistance.
                            ``(v) Application of certain provisions.--
                        The provisions of section 1128A of the Social 
                        Security Act (other than subsections (a) and 
                        (b) of such section) shall apply to a civil 
                        monetary penalty imposed under this 
                        subparagraph in the same manner as such 
                        provisions apply to a civil monetary penalty 
                        imposed under subsection (a) of such section.
                    ``(C) No authority to waive or reduce penalty.--The 
                Secretary shall not grant or extend any waiver, delay, 
                tolling, or other mitigation of a civil monetary 
                penalty for failing to comply with the requirements of 
                this subsection except where the Secretary determines 
                that imposing the maximum civil monetary penalty, 
                including penalties for persistent noncompliance, will 
                disrupt hospital operations in a manner that impacts 
                patient care. The Secretary may request documentation 
                in such form and manner as the Secretary may require in 
                order to evaluate impact on hospital operations.
                    ``(D) Prohibition on extraordinary collection.--In 
                addition to civil monetary penalties applicable under 
                subparagraph (B) and any other enforcement actions or 
                penalties that may apply under any other provision of 
                law, for a hospital that has received a request for a 
                corrective action plan under subparagraph (A) and fails 
                to comply with the requirements of this subsection by 
                the date that is 90 days after such request, that 
                hospital or any other person or entity collecting on 
                behalf of the hospital shall--
                            ``(i) not take any extraordinary collection 
                        actions against any patient or patient 
                        guarantor for debt incurred by any patient on 
                        the date or dates of service when the hospital 
                        was not in compliance with the requirements of 
                        this subsection;
                            ``(ii) cease any extraordinary collection 
                        actions that have begun against any patient or 
                        patient guarantor for debt incurred by any 
                        patient on the date or dates of service when 
                        the hospital was not in compliance with the 
                        requirements of this subsection; and
                            ``(iii) not take any extraordinary 
                        collection actions against any patient or 
                        patient guarantor for debt incurred by any 
                        patient on the date or dates of service when 
                        the hospital was not in compliance with the 
                        requirements of this subsection after the 
                        hospital comes back into compliance with the 
                        requirements of this subsection.
            ``(8) Rulemaking.--
                    ``(A) In general.--The Secretary shall implement 
                this subsection through notice and comment rulemaking 
                in accordance with section 553 of title 5, United 
                States Code.
                    ``(B) Ownership information.--In promulgating 
                regulations under this paragraph, the Secretary shall 
                define the individuals and organizations that must be 
                disclosed under paragraph (1)(C) in a manner that 
                harmonizes disclosure requirements with requirements 
                established under section 1124 of the Social Security 
                Act and prioritizes the disclosure of individuals and 
                organizations whose ownership or management 
                relationship with a hospital impacts operational, 
                financial, or clinical decision making for such 
                hospital.''.

SEC. 602. CLINICAL DIAGNOSTIC LABORATORY PRICE TRANSPARENCY.

    Section 2718A of the Public Health Service Act, as added by section 
601, is amended by adding at the end the following:
    ``(c) Clinical Diagnostic Laboratory Price Transparency.--
            ``(1) In general.--Beginning January 1 of the year that 
        begins on or after the date that is 1 year after the date of 
        enactment of the Health CARE Act of 2026, an applicable 
        laboratory shall, on a quarterly basis (if there have been any 
        changes to the standard charges described in paragraph (2)) 
        compile and make publicly available on an internet website 
        (without subscription and free of charge)--
                    ``(A) the standard charges described in paragraph 
                (2) with respect to each specified clinical diagnostic 
                laboratory test that such laboratory so furnishes; and
                    ``(B) the name and business address for each person 
                or entity that, with respect to the laboratory--
                            ``(i) has an ownership or investment 
                        interest;
                            ``(ii) has a controlling interest;
                            ``(iii) is a management services 
                        organization; or
                            ``(iv) is a significant equity investor.
            ``(2) Standard charges defined.--For purposes of paragraph 
        (1), the term `standard charges' means, with respect to an 
        applicable laboratory and a specified clinical diagnostic 
        laboratory test, the following:
                    ``(A) A plain language description of each item or 
                service, accompanied by any applicable billing codes 
                (including modifiers that materially change the price 
                for insurers or providers, and that materially change 
                out-of-pocket costs for consumers) using commonly 
                recognized billing code sets, including--
                            ``(i) the Healthcare Common Procedure 
                        Coding System code;
                            ``(ii) the National Drug Code; or
                            ``(iii) other applicable identifier as 
                        determined by the Secretary (or successor code 
                        sets).
                    ``(B) The gross charge expressed as a dollar 
                amount, for each such test.
                    ``(C) The discounted cash price.
                    ``(D) The payer-specific negotiated charges, 
                expressed as a dollar amount and clearly associated 
                with the name of the applicable third-party payer and 
                name of each plan, that apply to each such test. If the 
                charges are based on an algorithm, percentage of 
                another amount, or other formula or criteria, the 
                applicable laboratory also shall disclose such 
                algorithm, percentage, formula, or criteria as set 
                forth in its contract and any other information 
                necessary to determine the negotiated charge as a 
                dollar amount.
                    ``(E) The de-identified maximum and minimum 
                negotiated charges for each such item or service, 
                expressed as a non-zero dollar amount.
                    ``(F) Any other additional information the 
                Secretary may require for the purpose of improving the 
                accuracy of, or enabling consumers to easily understand 
                and compare, standard charges for an item or service, 
                except information that is duplicative of any other 
                reporting requirement under this section. In the case 
                of standard charges for an item or service included as 
                part of a bundled, per diem, episodic, or other similar 
                arrangement, the information described in this 
                subparagraph shall be made available as determined 
                appropriate by the Secretary.
            ``(3) Uniform method and format.--The Secretary shall 
        establish a standard, uniform method and format for applicable 
        laboratories to use in compiling and making public information 
        pursuant to paragraph (1). Such method and format shall--
                    ``(A) include a machine-readable format (or a 
                successor technology specified by the Secretary) 
                containing the information described in paragraph (2) 
                for all specified clinical diagnostic laboratory tests 
                furnished by each laboratory and the ownership 
                information described in paragraph (1)(B);
                    ``(B) meet such standards as determined appropriate 
                by the Secretary in order to ensure the accessibility 
                and usability of such information; and
                    ``(C) be updated as determined appropriate by the 
                Secretary, in consultation with stakeholders.
            ``(4) Monitoring compliance.--The Secretary shall, in 
        consultation with the Inspector General of the Department of 
        Health and Human Services, establish a process to monitor 
        compliance with this subsection. Such process shall ensure that 
        each applicable laboratory's compliance with this subsection is 
        reviewed not less frequently than once every year.
            ``(5) Inclusion of ancillary services.--Any charge for a 
        specified clinical diagnostic laboratory test furnished by an 
        applicable laboratory made publicly available in accordance 
        with paragraph (1) shall include the charge for any ancillary 
        item or service (such as specimen collection services, specimen 
        transport, centrifugation, aliquoting, labeling, requisition 
        processing, and standard result reporting services) that would 
        customarily and routinely be furnished by such laboratory as 
        part of such test, as specified by the Secretary.
            ``(6) Attestation.--A senior official from each clinical 
        diagnostic laboratory (the Chief Executive Officer, Chief 
        Financial Officer, or an official of equivalent seniority) 
        shall attest to the accuracy and completeness of the 
        disclosures, and any other attestations as required by the 
        Secretary, made in accordance with the clinical laboratory 
        price transparency requirements based on criteria established 
        by the Secretary.
            ``(7) Enforcement.--
                    ``(A) In general.--In the case of an applicable 
                laboratory that fails to comply with the requirements 
                of this subsection--
                            ``(i) the Secretary shall notify such 
                        laboratory of such failure not later than 30 
                        days after the date on which the Secretary 
                        determines such failure exists; and
                            ``(ii) upon request of the Secretary, such 
                        laboratory shall submit to the Secretary, not 
                        later than 45 days after the date of such 
                        request, a corrective action plan to comply 
                        with such requirements.
                    ``(B) Civil monetary penalty.--
                            ``(i) In general.--An applicable laboratory 
                        that has received a notification under 
                        subparagraph (A)(i) and fails to comply with 
                        the requirements of this subsection by the date 
                        that is 90 days after such notification (or, in 
                        the case of an applicable laboratory that has 
                        submitted a corrective action plan described in 
                        subparagraph (A)(ii) in response to a request 
                        so described, by the date that is 90 days after 
                        such submission) shall be subject to a civil 
                        monetary penalty of an amount specified by the 
                        Secretary for each day (beginning with the day 
                        on which the Secretary first determined that 
                        such laboratory was not complying with such 
                        requirements) during which such failure is 
                        ongoing (not to exceed $300 per day).
                            ``(ii) Increase authority.--In applying 
                        this subparagraph with respect to an applicable 
                        laboratory that fails to comply with the 
                        requirements of this subsection in 2028 or a 
                        subsequent year, the Secretary may through 
                        notice and comment rulemaking increase the 
                        limitation on the per day amount of any penalty 
                        applicable to an applicable laboratory under 
                        clause (i).
                            ``(iii) Application of certain 
                        provisions.--The provisions of section 1128A of 
                        the Social Security Act (other than subsections 
                        (a) and (b) of such section) shall apply to a 
                        civil monetary penalty imposed under this 
                        subparagraph in the same manner as such 
                        provisions apply to a civil monetary penalty 
                        imposed under subsection (a) of such section.
                            ``(iv) No authority to waive or reduce 
                        penalty.--The Secretary shall not grant or 
                        extend any waiver, delay, tolling, or other 
                        mitigation of a civil monetary penalty for 
                        failing to comply with the requirements of this 
                        subsection except where the Secretary 
                        determines that imposing the maximum civil 
                        monetary penalty will disrupt applicable 
                        laboratory operations in a manner that impacts 
                        patient care. The Secretary may request 
                        documentation in such form and manner as the 
                        Secretary may require in order to evaluate 
                        impact on applicable laboratory operations.
            ``(8) Provision of technical assistance.--The Secretary 
        shall, to the extent practicable, provide technical assistance 
        relating to compliance with the provisions of this subsection 
        to applicable laboratories requesting such assistance.
            ``(9) Rulemaking.--
                    ``(A) In general.--The Secretary shall implement 
                this subsection through notice and comment rulemaking 
                in accordance with section 553 of title 5, United 
                States Code.
                    ``(B) Ownership information.--In promulgating 
                regulations under this paragraph, the Secretary shall 
                define the individuals and organizations that must be 
                disclosed under paragraph (1)(B) in a manner that 
                harmonizes disclosure requirements with requirements 
                established under section 1124 of the Social Security 
                Act and prioritizes the disclosure of individuals and 
                organizations whose ownership or management 
                relationship with a laboratory impacts operational, 
                financial, or clinical decision making for such 
                laboratory.''.

SEC. 603. IMAGING SERVICES PRICE TRANSPARENCY.

    Section 2718A of the Public Health Service Act, as amended by 
section 602, is further amended by adding at the end the following:
    ``(d) Imaging Services Price Transparency.--
            ``(1) In general.--Beginning January 1 of the year that 
        begins on or after the date that is 1 year after the date of 
        enactment of the Health CARE Act of 2026, each applicable 
        imaging service provider shall, on a quarterly basis (if there 
        have been any changes to the standard charges described in 
        paragraph (2)) compile and make publicly available on an 
        internet website (without subscription and free of charge)--
                    ``(A) the standard charges described in paragraph 
                (2) with respect to each such specified imaging service 
                provided by such provider; and
                    ``(B) the name and business address for each person 
                or entity that, with respect to the imaging services 
                provider--
                            ``(i) has an ownership or investment 
                        interest;
                            ``(ii) has a controlling interest;
                            ``(iii) is a management services 
                        organization; or
                            ``(iv) is a significant equity investor.
            ``(2) Standard charges defined.--For purposes of paragraph 
        (1), the term `standard charges', with respect to an applicable 
        imaging service provider and a specified imaging service, means 
        the following:
                    ``(A) A plain language description of each item or 
                service, accompanied by any applicable billing codes 
                (including modifiers that materially change the price 
                for insurers or providers, and that materially change 
                out-of-pocket costs for consumers) using commonly 
                recognized billing code sets, including--
                            ``(i) the Healthcare Common Procedure 
                        Coding System code;
                            ``(ii) the National Drug Code; or
                            ``(iii) other applicable identifier as 
                        determined by the Secretary (or successor code 
                        sets).
                    ``(B) The gross charge expressed as a dollar 
                amount, for each such item or service.
                    ``(C) The discounted cash price.
                    ``(D) The payer-specific negotiated charges, 
                expressed as a dollar amount and clearly associated 
                with the name of the applicable third-party payer and 
                name of each plan, that apply to each such service. If 
                the charges are based on an algorithm, percentage of 
                another amount, or other formula or criteria, the 
                provider or supplier also shall disclose such 
                algorithm, percentage, formula, or criteria as set 
                forth in its contract and any other information 
                necessary to determine the negotiated charge as a 
                dollar amount.
                    ``(E) The de-identified maximum and minimum 
                negotiated charges for each such item or service, 
                expressed as a non-zero dollar amount.
                    ``(F) Any other additional information the 
                Secretary may require for the purpose of improving the 
                accuracy of, or enabling consumers to easily understand 
                and compare, standard charges and prices for an item or 
                service, except information that is duplicative of any 
                other reporting requirement under this subsection. In 
                the case of standard charges for an item or service 
                included as part of a bundled, per diem, episodic, or 
                other similar arrangement, the information described in 
                this subparagraph shall be made available as determined 
                appropriate by the Secretary.
            ``(3) Uniform method and format.--The Secretary shall 
        establish a standard, uniform method and format for applicable 
        imaging service providers to use in making public information 
        described in paragraph (1). Any such method and format shall--
                    ``(A) include a machine-readable format (as 
                specified by the Secretary) containing the information 
                described in paragraph (2) for all specified imaging 
                services furnished by each applicable imaging service 
                provider and ownership information described in 
                paragraph (1)(B);
                    ``(B) meet such standards as determined appropriate 
                by the Secretary in order to ensure the accessibility 
                and usability of such information; and
                    ``(C) be updated as determined appropriate by the 
                Secretary, in consultation with stakeholders.
            ``(4) Monitoring compliance.--The Secretary shall, in 
        consultation with the Inspector General of the Department of 
        Health and Human Services, establish a process to monitor 
        compliance with this subsection.
            ``(5) Attestation.--A senior official from each specified 
        imaging service provider (the Chief Executive Officer, Chief 
        Financial Officer, or an official of equivalent seniority) 
        shall attest to the accuracy and completeness of the 
        disclosures, and any other attestations as required by the 
        Secretary, made in accordance with the imaging service provider 
        price transparency requirements based on criteria established 
        by the Secretary.
            ``(6) Enforcement.--
                    ``(A) In general.--In the case of a specified 
                imaging service provider that fails to comply with the 
                requirements of this subsection--
                            ``(i) the Secretary shall notify such 
                        imaging service provider of such failure not 
                        later than 30 days after the date on which the 
                        Secretary determines such failure exists; and
                            ``(ii) upon request of the Secretary, such 
                        imaging service provider shall submit to the 
                        Secretary, not later than 45 days after the 
                        date of such request, a corrective action plan 
                        to comply with such requirements.
                    ``(B) Civil monetary penalty.--
                            ``(i) In general.--A specified imaging 
                        service provider that has received a 
                        notification under subparagraph (A)(i) and 
                        fails to comply with the requirements of this 
                        subsection by the date that is 90 days after 
                        such notification (or, in the case of a 
                        specified imaging service provider that has 
                        submitted a corrective action plan described in 
                        subparagraph (A)(ii) in response to a request 
                        so described, by the date that is 90 days after 
                        such submission) shall be subject to a civil 
                        monetary penalty of an amount specified by the 
                        Secretary for each day (beginning with the day 
                        on which the Secretary first determined that 
                        such imaging service provider was not complying 
                        with such requirements) during which such 
                        failure is ongoing (not to exceed $300 per 
                        day).
                            ``(ii) Increase authority.--In applying 
                        this subparagraph with respect to a specified 
                        imaging service provider that fails to comply 
                        with the requirements of this subsection in 
                        2028 or a subsequent year, the Secretary may 
                        through notice and comment rulemaking increase 
                        the limitation on the per day amount of any 
                        penalty applicable to a specified imaging 
                        service provider under clause (i).
                            ``(iii) Application of certain 
                        provisions.--The provisions of section 1128A of 
                        the Social Security Act (other than subsections 
                        (a) and (b) of such section) shall apply to a 
                        civil monetary penalty imposed under this 
                        subparagraph in the same manner as such 
                        provisions apply to a civil monetary penalty 
                        imposed under subsection (a) of such section.
                            ``(iv) No authority to waive or reduce 
                        penalty.--The Secretary shall not grant or 
                        extend any waiver, delay, tolling, or other 
                        mitigation of a civil monetary penalty for 
                        failing to comply with the requirements of this 
                        subsection except where the Secretary 
                        determines that imposing the maximum civil 
                        monetary penalty will disrupt specified imaging 
                        service provider operations in a manner that 
                        impacts patient care. The Secretary may request 
                        documentation in such form and manner as the 
                        Secretary may require in order to evaluate 
                        impact on specified imaging service provider 
                        operations.
            ``(7) Provision of technical assistance.--The Secretary 
        shall, to the extent practicable, provide technical assistance 
        relating to compliance with the provisions of this subsection 
        to providers of services and suppliers requesting such 
        assistance.
            ``(8) Rulemaking.--
                    ``(A) In general.--The Secretary shall implement 
                this subsection through notice and comment rulemaking 
                in accordance with section 553 of title 5, United 
                States Code.
                    ``(B) Ownership information.--In promulgating 
                regulations under this paragraph, the Secretary shall 
                define the individuals and organizations that must be 
                disclosed under paragraph (1)(B) in a manner that 
                harmonizes disclosure requirements with requirements 
                established under section 1124 of the Social Security 
                Act and prioritizes the disclosure of individuals and 
                organizations whose ownership or management 
                relationship with an imaging service provider impacts 
                operational, financial, or clinical decision making for 
                such imaging service provider.''.

SEC. 604. AMBULATORY SURGICAL CENTER PRICE TRANSPARENCY.

    Section 2718A of the Public Health Service Act, as amended by 
section 603, is further amended by adding at the end the following:
    ``(e) Ambulatory Surgical Center Price Transparency.--
            ``(1) In general.--Beginning January 1 of the year that 
        begins on or after the date that is 1 year after the date of 
        enactment of the Health CARE Act of 2026, each specified 
        ambulatory surgical center shall, on a quarterly basis (if 
        there have been any changes to the standard charges described 
        in paragraph (2)), compile and make publicly available on an 
        internet website (without subscription and free of charge)--
                    ``(A) the standard charges described in paragraph 
                (2) with respect to each specified service furnished by 
                such surgical center; and
                    ``(B) the name and business address for each person 
                or entity that, with respect to the ambulatory surgical 
                center--
                            ``(i) has an ownership or investment 
                        interest;
                            ``(ii) has a controlling interest;
                            ``(iii) is a management services 
                        organization; or
                            ``(iv) is a significant equity investor.
            ``(2) Standard charges defined.--For purposes of paragraph 
        (1), the term `standard charges' with respect to standard 
        charges and prices made public by a specified ambulatory 
        surgical center means the following:
                    ``(A) A plain language description of each item or 
                service, accompanied by any applicable billing codes 
                (including modifiers that materially change the price 
                for insurers or providers, and that materially change 
                out-of-pocket costs for consumers) using commonly 
                recognized billing code sets, including--
                            ``(i) the Healthcare Common Procedure 
                        Coding System code;
                            ``(ii) the National Drug Code; or
                            ``(iii) other applicable identifier as 
                        determined by the Secretary (or successor code 
                        sets).
                    ``(B) The gross charge, expressed as a dollar 
                amount, for each such item or service.
                    ``(C) The discounted cash price.
                    ``(D) The payer-specific negotiated charges, 
                expressed as a dollar amount and clearly associated 
                with the name of the applicable third party payer and 
                name of each plan, that apply to each such item or 
                service. If the charges are based on an algorithm, 
                percentage of another amount, or other formula or 
                criteria, the ambulatory surgical center also shall 
                disclose such algorithm, percentage, formula, or 
                criteria as set forth in its contract and any other 
                information necessary to determine the negotiated 
                charge as a dollar amount.
                    ``(E) The de-identified maximum and minimum 
                negotiated charges for each such item or service, 
                expressed as a non-zero dollar amount.
                    ``(F) Any other additional information the 
                Secretary may require for the purpose of improving the 
                accuracy of, or enabling consumers to easily understand 
                and compare, standard charges and prices for an item or 
                service. In the case of standard charges for an item or 
                service included as part of a bundled, per diem, 
                episodic, or other similar arrangement, the information 
                described in this subparagraph shall be made available 
                as determined appropriate by the Secretary.
            ``(3) Uniform method and format.--The Secretary shall 
        establish a standard, uniform method and format for specified 
        ambulatory surgical centers to use in compiling and making 
        public information pursuant to paragraph (1). Such method and 
        format shall--
                    ``(A) include a machine-readable format (or a 
                successor technology specified by the Secretary) 
                containing the information described in paragraph (2) 
                for all specified services furnished by each ambulatory 
                surgical center and for the ownership information 
                described in paragraph (1)(B);
                    ``(B) meet such standards as determined appropriate 
                by the Secretary in order to ensure the accessibility 
                and usability of such charges; and
                    ``(C) be updated as determined appropriate by the 
                Secretary, in consultation with stakeholders.
            ``(4) Monitoring compliance.--The Secretary shall, in 
        consultation with the Inspector General of the Department of 
        Health and Human Services, establish a process to monitor 
        compliance with this subsection. Such process shall ensure that 
        each specified ambulatory surgical center's compliance with 
        this subsection is reviewed not less frequently than once every 
        year.
            ``(5) Attestation.--A senior official from each specified 
        ambulatory surgical center (the Chief Executive Officer, Chief 
        Financial Officer, or an official of equivalent seniority) 
        shall attest to the accuracy and completeness of the 
        disclosures, and any other attestations as required by the 
        Secretary, made in accordance with the ambulatory center price 
        transparency requirements based on criteria established by the 
        Secretary.
            ``(6) Enforcement.--
                    ``(A) In general.--In the case of a specified 
                ambulatory surgical center that fails to comply with 
                the requirements of this subsection--
                            ``(i) the Secretary shall notify such 
                        ambulatory surgical center of such failure not 
                        later than 30 days after the date on which the 
                        Secretary determines such failure exists; and
                            ``(ii) upon request of the Secretary, such 
                        ambulatory surgical center shall submit to the 
                        Secretary, not later than 45 days after the 
                        date of such request, a corrective action plan 
                        to comply with such requirements.
                    ``(B) Civil monetary penalty.--
                            ``(i) In general.--A specified ambulatory 
                        surgical center that has received a 
                        notification under subparagraph (A)(i) and 
                        fails to comply with the requirements of this 
                        subsection by the date that is 90 days after 
                        such notification (or, in the case of a 
                        specified ambulatory surgical center that has 
                        submitted a corrective action plan described in 
                        subparagraph (A)(ii) in response to a request 
                        so described, by the date that is 90 days after 
                        such submission) shall be subject to a civil 
                        monetary penalty of an amount specified by the 
                        Secretary for each day (beginning with the day 
                        on which the Secretary first determined that 
                        such ambulatory surgical center was not 
                        complying with such requirements) during which 
                        such failure is ongoing (not to exceed $300 per 
                        day).
                            ``(ii) Increase authority.--In applying 
                        this subparagraph with respect to a specified 
                        ambulatory surgical center that fails to comply 
                        with the requirements of this subsection in 
                        2028 or a subsequent year, the Secretary may 
                        through notice and comment rulemaking increase 
                        the limitation on the per day amount of any 
                        penalty applicable to a specified ambulatory 
                        surgical center under clause (i).
                            ``(iii) Application of certain 
                        provisions.--The provisions of section 1128A of 
                        the Social Security Act (other than subsections 
                        (a) and (b) of such section) shall apply to a 
                        civil monetary penalty imposed under this 
                        subparagraph in the same manner as such 
                        provisions apply to a civil monetary penalty 
                        imposed under subsection (a) of such section.
                            ``(iv) No authority to waive or reduce 
                        penalty.--The Secretary shall not grant or 
                        extend any waiver, delay, tolling, or other 
                        mitigation of a civil monetary penalty for 
                        failing to comply with the requirements of this 
                        subsection except where the Secretary 
                        determines that imposing the maximum civil 
                        monetary penalty will disrupt specified 
                        ambulatory surgical center operations in a 
                        manner that impacts patient care. The Secretary 
                        may request documentation in such form and 
                        manner as the Secretary may require in order to 
                        evaluate impact on specified ambulatory 
                        surgical center operations.
            ``(7) Provision of technical assistance.--The Secretary 
        shall, to the extent practicable, provide technical assistance 
        relating to compliance with the provisions of this subsection 
        to specified ambulatory surgical centers requesting such 
        assistance.
            ``(8) Rulemaking.--
                    ``(A) In general.--The Secretary shall implement 
                this subsection through notice and comment rulemaking 
                in accordance with section 553 of title 5, United 
                States Code.
                    ``(B) Ownership information.--In promulgating 
                regulations under this paragraph, the Secretary shall 
                define the individuals and organizations that must be 
                disclosed under paragraph (1)(B) in a manner that 
                harmonizes disclosure requirements with requirements 
                established under section 1124 of the Social Security 
                Act and prioritizes the disclosure of individuals and 
                organizations whose ownership or management 
                relationship with an ambulatory surgical center impacts 
                operational, financial, or clinical decision making for 
                such ambulatory surgical center.
    ``(f) Continued Applicability of State Law.--The provisions of this 
section shall not supersede any provision of State law that 
establishes, implements, or continues in effect any requirement or 
prohibition related to health care price transparency, except to the 
extent that such requirement or prohibition prevents the application of 
a requirement or prohibition of this section.''.

SEC. 605. STRENGTHENING HEALTH COVERAGE TRANSPARENCY REQUIREMENTS.

    (a) Transparency in Coverage.--Section 2715A of the Public Health 
Service Act (42 U.S.C. 300gg-15a) is amended--
            (1) by striking ``A Group health'' and inserting the 
        following:
    ``(a) In General.--A group health''; and
            (2) by adding at the end the following:
    ``(b) Additional Transparency Requirements.--
            ``(1) Specified information required.--
                    ``(A) In general.--A group health plan or health 
                insurance issuer offering coverage in the individual or 
                group market shall provide to each participant, 
                beneficiary, or enrollee, at the time of enrollment in 
                the plan or coverage, the information described in 
                subparagraph (B).
                    ``(B) Information required.--For purposes of 
                subparagraph (A), the information specified in this 
                subparagraph is, with respect to benefits available 
                under the plan or coverage for an item or service 
                furnished by a health care provider, the following (or 
                other information as determined appropriate by the 
                Secretary):
                            ``(i) If such provider is an in-network 
                        provider with respect to such item or service, 
                        the in-network rate (as defined in paragraph 
                        (5)) for such item or service.
                            ``(ii) If such provider is not described in 
                        clause (i), the out-of-network allowed amount 
                        (as such term is defined for purposes of 
                        section 147.210(a)(2)(xvii) of title 45, Code 
                        of Federal Regulations) for such item or 
                        service that the plan or coverage will pay 
                        without regard to the amount in clause (iii).
                            ``(iii) The amount of cost-sharing 
                        liability (including deductibles, copayments, 
                        and coinsurance) that the individual will incur 
                        for such item or service based on the 
                        information available to the plan or coverage 
                        at the time the request is made (which, in the 
                        case such item or service is to be furnished by 
                        a provider described in clause (ii), shall be 
                        calculated using the maximum amount described 
                        in such clause).
                            ``(iv) The accumulated amounts with respect 
                        to any deductible or out-of-pocket maximum 
                        under the plan or coverage reflected in the 
                        plan's or coverage's records at the time the 
                        request is made (broken down, in the case 
                        separate deductibles or maximums apply to 
                        separate individuals enrolled in the plan or 
                        coverage, by such separate deductibles or 
                        maximums, in addition to any cumulative 
                        deductible or maximum).
                            ``(v) In the case such plan or coverage 
                        imposes any frequency or volume limitations 
                        with respect to such item or service (excluding 
                        medical necessity determinations), the amount 
                        that such individual has accrued towards such 
                        limitation with respect to such item or service 
                        reflected in the plan's or coverage's records 
                        at the time the request is made.
                            ``(vi) Information about any utilization 
                        management requirements, such as prior 
                        authorization, concurrent review, step therapy, 
                        fail first, or similar requirements applicable 
                        to coverage of such item or service under such 
                        plan or coverage, including information 
                        regarding utilization management practices and 
                        determinations, including aggregate information 
                        related to approval and denial rates, 
                        associated timelines, and appeals, as 
                        determined appropriate by the Secretary.
                    ``(C) Self-service tool.--For purposes of 
                subparagraph (A), a self-service tool established by a 
                health plan meets the requirements of this subparagraph 
                if such tool--
                            ``(i) is based on an internet website;
                            ``(ii) provides for real-time responses to 
                        requests described in such subparagraph;
                            ``(iii) is updated in a manner such that 
                        the information is accurate based on the 
                        information available to the plan or coverage 
                        at the time the request is made;
                            ``(iv) allows such a request to be made for 
                        information with respect to an item or service 
                        furnished by--
                                    ``(I) a specific provider that is 
                                an in-network provider with respect to 
                                such item or service; or
                                    ``(II) all providers that are in-
                                network providers with respect to such 
                                plan or coverage and such item or 
                                service;
                            ``(v) provides that such a request may be 
                        made for information with respect to an item or 
                        service through use of--
                                    ``(I) the billing code for such 
                                item or service; or
                                    ``(II) through use of a descriptive 
                                term for such item or service; and
                            ``(vi) is made available in plain language, 
                        without subscription or other fee.
                    ``(D) Nonduplication.--A group health plan or 
                health insurance issuers shall be deemed to be in 
                compliance with this paragraph if such plan or issuer 
                has a tool in place under section 2799A-4.
            ``(2) Rate and payment information.--
                    ``(A) In general.--Beginning January 1 of the year 
                that begins on or after the date that is 1 year after 
                the date of enactment of the Health CARE Act of 2026, 
                and every quarter thereafter (if there have been any 
                changes to the rate and payment information described 
                in subparagraphs (B) and (C), each group health plan or 
                health insurance issuer offering coverage in the group 
                or individual market shall make available to the 
                public, the rate and payment information described in 
                subparagraph (B) in accordance with subparagraph (C)).
                    ``(B) Rate and payment information described.--For 
                purposes of subparagraph (A), the rate and payment 
                information described in this subparagraph is, with 
                respect to a plan or coverage, the following:
                            ``(i) With respect to each item or service 
                        for which benefits are available under such 
                        plan or coverage, excluding those included in 
                        clause (ii), identified by CPT, HCPCS, DRG, or 
                        other applicable nationally recognized 
                        identifier, including any applicable code 
                        modifiers, and accompanied by a plain language 
                        description of the item or service, the in-
                        network rate (expressed as a dollar amount or 
                        percentage of charges, unless otherwise 
                        specified by the Secretary), including the 
                        individual and total amounts for any bundled 
                        rates, in effect as of the date of the 
                        submission of such information with each 
                        provider (identified by national provider 
                        identifier) that is an in-network provider with 
                        respect to such item or service, other than 
                        such a rate in effect with a provider that an 
                        issuer has determined based on factors 
                        determined by the Secretary (such as medical 
                        specialty) that it is unlikely that the 
                        provider would be reimbursed for the item or 
                        service.
                            ``(ii) With respect to each drug and 
                        biologic (identified by National Drug Code, J-
                        code, or other commonly recognized billing code 
                        used for drugs) for which benefits are 
                        available under such plan or coverage, the in-
                        network rate (expressed as a dollar amount or 
                        percentage of charges, unless otherwise 
                        specified by the Secretary) in effect as of the 
                        first day of the quarter in which such 
                        information is made public with each pharmacy 
                        or other prescription drug dispenser that is an 
                        in-network pharmacy or other prescription drug 
                        dispenser with respect to such drug.
                            ``(iii) With respect to each item or 
                        service for which benefits are available under 
                        such plan or coverage (expressed as a dollar 
                        amount), identified by CPT, DRG, HCPCS, or 
                        other applicable nationally recognized 
                        identifier, including any applicable code 
                        modifiers, and accompanied by a brief 
                        description of the item or service, the amount 
                        billed or charged by the provider, and the 
                        amount allowed by the plan or coverage, for 
                        each such item or service furnished during a 
                        representative lookback window established by 
                        the Secretary by each provider that was an out-
                        of-network provider with respect to such item 
                        or service, broken down by each such provider 
                        (identified by national provider identifier), 
                        other than items and services with respect to 
                        which not fewer than 11 claims for such item or 
                        service were submitted to such plan during such 
                        period.
                    ``(C) Manner of submission.--Rate and payment 
                information required to be submitted and made available 
                under this paragraph shall be so submitted and so made 
                available as follows:
                            ``(i) Information shall be contained in at 
                        least 3 separate machine-readable files 
                        corresponding to the information described in 
                        each of clauses (i) through (iii) of 
                        subparagraph (B) that meet such requirements as 
                        specified by the Secretary through rulemaking, 
                        in consultation with the Secretaries of Labor 
                        and the Treasury, to apply comparable 
                        requirements to group health plans and health 
                        insurance coverage and to entities providing 
                        benefit management or other third-party 
                        administration services on a contractual basis 
                        with a group health plan or coverage.
                            ``(ii) Requirements specified by the 
                        Secretary through rulemaking (or subregulatory 
                        guidance) shall ensure the following:
                                    ``(I) Such files are made available 
                                in a widely available format that 
                                allows for information contained in 
                                such files to be compared across plans 
                                and coverage and are freely accessible 
                                to individuals at no cost and without 
                                the need to establish a user account or 
                                provide other credentials.
                                    ``(II) Each such file includes each 
                                of the following data elements:
                                            ``(aa) A numerical 
                                        identifier for the group health 
                                        plan or health insurance issuer 
                                        (such as a Health Insurance 
                                        Oversight System identifier).
                                            ``(bb) A plain-language 
                                        description of the item or 
                                        service (including, for drugs, 
                                        the proprietary and 
                                        nonproprietary name assigned).
                                            ``(cc) The billing code, 
                                        including any applicable 
                                        modifiers, associated with such 
                                        item or service, including the 
                                        Healthcare Common Procedure 
                                        Coding System code, diagnosis-
                                        related group, national drug 
                                        code, or other commonly 
                                        recognized code set.
                                            ``(dd) The place of service 
                                        code.
                                            ``(ee) The National 
                                        Provider Identifier and 
                                        provider Tax Identification 
                                        Number.
                            ``(iii) The rate and payment information 
                        disclosed under clauses (i) through (iii) of 
                        subparagraph (B) shall be separately delineated 
                        for each item or service, regardless of whether 
                        such item or service is reimbursed as a part of 
                        a bundle, episode, or other grouping of items 
                        and services.
                            ``(iv) An officer or executive of competent 
                        authority shall attest to the accuracy and 
                        completeness of information submitted and made 
                        available under this subparagraph. In the case 
                        of a plan or coverage that relies on a third-
                        party administrator or other service provider 
                        to compile the information submitted and made 
                        available under this subparagraph, such plan or 
                        coverage may satisfy the requirement under this 
                        clause by obtaining such an attestation from 
                        the third-party administrator or other service 
                        provider. Such attestation shall be subject to 
                        enforcement under paragraph (6).
            ``(3) Ownership information.--Beginning January 1 of the 
        year that begins on or after the date that is 1 year after the 
        date of enactment of the Health CARE Act of 2026, and every 
        quarter thereafter (if there have been any changes in the 
        required information), each group health plan or health 
        insurance issuer offering coverage in the individual or group 
        market shall submit to the Secretary, the applicable State 
        authority, and make available to the public, the name and 
        business address of each person or entity that, with respect to 
        such plan or coverage--
                    ``(A) has an ownership or investment interest;
                    ``(B) has a controlling interest;
                    ``(C) is a management services organization; or
                    ``(D) is a significant equity investor.
            ``(4) Enforcement.--
                    ``(A) In general.--Each year, the Secretary shall 
                audit the machine-readable files required by paragraph 
                (2)(B) posted by not fewer than 50 group health plans 
                or health insurance issuers for compliance with format 
                and accessibility standards.
                    ``(B) Notification and request for corrective 
                action.--In the case of a group health plan or health 
                insurance issuer that fails to comply with the 
                requirements of this paragraph, not later than 30 days 
                after the date on which the Secretary determines such 
                failure exists, the Secretary shall submit to such plan 
                or issuer a notification of such determination, which 
                shall include a request for a corrective action plan to 
                comply with such requirements.
                    ``(C) Civil monetary penalty.--A plan or issuer 
                that has received a request for a corrective action 
                plan under subparagraph (B) and fails to comply with 
                the requirements of this paragraph by the date that is 
                30 days after such request is made shall be subject to 
                a civil monetary penalty of an amount specified by the 
                Secretary for each day (beginning with the day on which 
                such health plan or health insurance issuer was failing 
                to comply with such paragraph) during which such 
                failure was ongoing. Such amount shall not exceed $300 
                per participant, beneficiary, or covered individual per 
                day or $10,000,000, whichever is lesser.
            ``(5) Definitions.--In this subsection:
                    ``(A) In-network provider.--The term `in-network 
                provider' has the meaning given such term in section 
                54.9815-2715A1(a)(2)(xii) of title 26, Code of Federal 
                Regulations.
                    ``(B) In-network rate.--The term `in-network rate' 
                means, with respect to a health plan and an item or 
                service furnished by a provider that is a participating 
                provider with respect to such plan and item or service, 
                the contracted rate in effect between such plan and 
                such provider for such item or service. If the rate is 
                based on an algorithm, percentage of another amount, or 
                other formula or criteria, the health plan also shall 
                disclose such algorithm, percentage, formula, or 
                criteria as set forth in its contract and any other 
                terms, schedules, exhibits, data, or other information 
                referenced in any such contract as shall be required to 
                determine and disclose the negotiated rate.
            ``(6) Rulemaking.--
                    ``(A) In general.--The Secretary shall implement 
                this subsection through notice and comment rulemaking 
                in accordance with section 553 of title 5, United 
                States Code. The Secretary may implement the manner of 
                submission of data described in paragraph (2)(C) 
                through subregulatory guidance.
                    ``(B) Regulations.--Regulations promulgated 
                pursuant to this subsection shall provide the 
                following:
                            ``(i) The Secretary shall annually audit 
                        the machine-readable files required by 
                        paragraph (2)(B) posted by not fewer than 50 
                        group health plans or health insurance issuers 
                        for compliance with format and accessibility 
                        standards.
                            ``(ii) The Secretary of Labor shall 
                        annually audit the machine-readable files 
                        required by paragraph (2)(B) posted by not 
                        fewer than 250 group health plans or service 
                        providers furnishing third-party administrator 
                        services to a group health plan for compliance 
                        with format and accessibility standards.
                            ``(iii) The Secretary of Health and Human 
                        Services, in conjunction with the Secretary of 
                        Labor and the Secretary of the Treasury, shall 
                        annually issue a report to Congress that 
                        includes findings, conclusions, and enforcement 
                        actions taken based on audits of the machine-
                        readable files. Such report shall be provided 
                        no later than July 1 following the calendar 
                        year during which the audits were completed. 
                        The Secretary of Health and Human Services 
                        shall make such report to Congress accessible 
                        to the public.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsections (a) and 
        (b) shall apply beginning January 1 of the year that begins on 
        or after the date that is 1 year after the date of enactment of 
        the Health CARE Act of 2026.
            (2) Continued applicability of rules for previous years.--
        Nothing in the amendments made by this section may be construed 
        as affecting the applicability of the rule entitled 
        ``Transparency in Coverage'' published by the Department of the 
        Treasury, the Department of Labor, and the Department of Health 
        and Human Services on November 12, 2020 (85 Fed. Reg. 72158), 
        or amendments made to such rule that are applicable before the 
        date of enactment of the Health CARE Act of 2026.

SEC. 606. INCREASING GROUP HEALTH PLAN ACCESS TO HEALTH DATA.

    (a) Group Health Plan Access to Information.--
            (1) In general.--Section 2799A-9 of the Public Health 
        Service Act (42 U.S.C. 300gg-119) is amended by adding at the 
        end the following:
            ``(1) Group health plan access to information.--
                    ``(A) In general.--No contract or arrangement for 
                services, and no extension or renewal of such contract 
                or arrangement, between a group health plan that is 
                offered by a specified large employer or that is a 
                specified large plan (as such terms are defined in 
                subparagraph (F)) and a health care provider (which for 
                purposes of this subparagraph, includes a health care 
                facility), network or association of providers, service 
                provider offering access to a network of providers, 
                third-party administrator, health insurance issuer 
                offering group or individual health insurance coverage, 
                or pharmacy benefit manager, or any entity acting as an 
                intermediary between the group health plan and the 
                health care provider, network association of providers, 
                service provider offering access to a network or 
                association of providers (including a licensed health 
                insurance issuer or third-party administrator), or 
                pharmacy benefit manager (collectively referred to in 
                this subsection as `Covered Service Providers'), is 
                reasonable within the meaning of this subsection unless 
                such contract or arrangement--
                            ``(i) allows the responsible plan fiduciary 
                        (as that term is defined in section 
                        408(b)(2)(B)(ii)(I)(ee)) access to all claims 
                        and encounter information or data, and any 
                        documentation supporting claim payments, 
                        including, but not limited to, medical records 
                        and policy documents, or information or data 
                        described in subsection (a)(1)(B) to--
                                    ``(I) comply with applicable law; 
                                and
                                    ``(II) determine the accuracy or 
                                reasonableness of claims payment; and
                            ``(ii) does not--
                                    ``(I) unreasonably limit or delay 
                                access, as determined by the Secretary 
                                but in any event not longer than 15 
                                days, after a request for access by a 
                                plan fiduciary to such information or 
                                data;
                                    ``(II) limit the volume of claims 
                                and encounter information or data that 
                                the group health plan, the plan 
                                sponsor, the plan administrator, or a 
                                business associate of such plan may 
                                access during an audit or pursuant to 
                                any request for such information or 
                                data;
                                    ``(III) limit the disclosure of 
                                pricing terms for value-based payment 
                                arrangements or capitated payment 
                                arrangements, including--
                                            ``(aa) payment calculations 
                                        and formulas;
                                            ``(bb) quality measures;
                                            ``(cc) contract terms;
                                            ``(dd) payment amounts;
                                            ``(ee) measurement periods 
                                        for all incentives; and
                                            ``(ff) other payment 
                                        methodologies used by an 
                                        entity, including a health care 
                                        provider (including a health 
                                        care facility), network or 
                                        association of providers, 
                                        service provider offering 
                                        access to a network of 
                                        providers, third-party 
                                        administrator, or pharmacy 
                                        benefit manager;
                                    ``(IV) limit the disclosure of 
                                overpayments and overpayment recovery 
                                terms;
                                    ``(V) limit the right of the group 
                                health plan, the plan sponsor, or the 
                                plan administrator of such plan to 
                                select an auditor or define audit scope 
                                or frequency;
                                    ``(VI) otherwise limit or unduly 
                                delay the group health plan, the plan 
                                sponsor, the plan administrator, or a 
                                business associate of such plan from 
                                accessing claims and encounter 
                                information or data;
                                    ``(VII) limit the disclosure of 
                                fees charged to the group health plan 
                                related to plan administration and 
                                claims processing, including 
                                renegotiation fees, access fees, 
                                repricing fees, or enhanced review 
                                fees;
                                    ``(VIII) limit the right of the 
                                group health plan, the plan sponsor, or 
                                the plan administrator to request 
                                action on any suspect claim payments;
                                    ``(IX) limit public disclosure of 
                                de-identified or aggregate information;
                                    ``(X) limit the disclosure of, with 
                                respect to a provider that files claims 
                                under such plan, whether a Covered 
                                Service Provider--
                                            ``(aa) has an ownership or 
                                        investment interest;
                                            ``(bb) has a controlling 
                                        interest;
                                            ``(cc) is a management 
                                        services organization; or
                                            ``(dd) is a significant 
                                        equity investor; or
                                    ``(XI) limit the disclosure of the 
                                name and address of each person or 
                                entity that, with respect to the health 
                                plan service provider--
                                            ``(aa) has an ownership or 
                                        investment interest;
                                            ``(bb) has a controlling 
                                        interest; or
                                            ``(cc) is a significant 
                                        equity investor.
                    ``(B) Manner of providing information or data.--
                            ``(i) In general.--A Covered Service 
                        Provider shall provide information or data 
                        under this subsection in a manner consistent 
                        with the privacy regulations promulgated under 
                        section 13402(a) of the Health Information 
                        Technology for Economic and Clinical Health Act 
                        (42 U.S.C. 17932(a)) and consistent with the 
                        privacy regulations promulgated under the 
                        Health Insurance Portability and Accountability 
                        Act of 1996 in part 160 and subparts A and E of 
                        part 164 of title 45, Code of Federal 
                        Regulations (or successor regulations) 
                        (referred to in this paragraph as the `HIPAA 
                        privacy regulations') and shall restrict the 
                        use and disclosure of such information 
                        according to such privacy regulations and such 
                        HIPAA privacy regulations. A Covered Service 
                        Provider shall not be required to disclose 
                        information or data under this subsection that 
                        could reasonably identify a participant or 
                        beneficiary through individually identifiable 
                        health information (as such term is defined 
                        under HIPAA privacy regulations).
                            ``(ii) Additional requirements.--In 
                        carrying out this subsection, a Covered Service 
                        Provider shall comply with section 164.504(f) 
                        of title 45, Code of Federal Regulations (or a 
                        successor regulation).
                            ``(iii) Rule of construction.--
                                    ``(I) In general.--Nothing in this 
                                subsection shall be construed to modify 
                                the requirements for the creation, 
                                receipt, maintenance, or transmission 
                                of protected health information under 
                                the HIPAA privacy regulations.
                                    ``(II) Civil rights laws.--Nothing 
                                in this subsection shall be construed 
                                to affect the application of any 
                                Federal or State privacy or civil 
                                rights law, including the HIPAA privacy 
                                regulations, the Genetic Information 
                                Nondiscrimination Act of 2008 (Public 
                                Law 110-233) (including the amendments 
                                made by such Act), the Americans with 
                                Disabilities Act of 1990 (42 U.S.C. 
                                12101 et seq.), section 504 of the 
                                Rehabilitation Act of 1973 (29 U.S.C. 
                                794), section 1557 of the Patient 
                                Protection and Affordable Care Act (42 
                                U.S.C. 18116), title VI of the Civil 
                                Rights Act of 1964 (42 U.S.C. 2000d), 
                                and title VII of the Civil Rights Act 
                                of 1964 (42 U.S.C. 2000e).
                            ``(iv) Written notice.--Each plan year, a 
                        Covered Service Provider shall provide to each 
                        participant or beneficiary written notice 
                        informing the participant or beneficiary of the 
                        requirement that Covered Service Providers 
                        respond to requests to submit information or 
                        data under paragraph (1), as applicable, which 
                        may include incorporating such notification in 
                        plan documents provided to the participant or 
                        beneficiary, or providing individual 
                        notification.
                            ``(v) Clarification regarding public 
                        disclosure of information.--Nothing in this 
                        subsection shall prevent a Covered Service 
                        Provider from placing reasonable restrictions 
                        on the public disclosure of the information or 
                        data described in paragraph (1), except that 
                        such Provider may not restrict disclosure of 
                        such report to the Department of Health and 
                        Human Services, the Department of Labor, or the 
                        Department of the Treasury.
                            ``(vi) Limitation.--This paragraph shall 
                        not be construed to abridge or limit the 
                        disclosure requirements under this subsection 
                        or to impose additional privacy or security 
                        requirements on Covered Service Providers or 
                        plan sponsors.
                    ``(C) Limitation on disclosure.--A group health 
                plan receiving information or data under this 
                subsection may disclose such information only in a 
                manner that is consistent with HIPAA and the privacy 
                and security regulations promulgated thereunder, 
                regardless of their direct or indirect applicability to 
                the plan or any entities that could be or are business 
                associates. A group health plan (and any business 
                associate or other entity acting on behalf of such 
                plan) may use such information or data only for 
                purposes of plan administration and may not sell, 
                license, or otherwise commercially exploit such 
                information or data or provide such information or data 
                to any third party that may take such action.
                    ``(D) Requirements of information.--Information 
                made available under this subsection shall conform to 
                the following standards:
                            ``(i) All claims from a healthcare provider 
                        shall be made to the group health plan in 
                        accordance with transaction standards adopted 
                        by regulation under HIPAA, as follows:
                                    ``(I) Institutional, professional, 
                                and dental claims shall be in ASC X12N 
                                837D format or any subsequent standard 
                                as established by the Secretary.
                                    ``(II) Pharmacy claims shall be in 
                                the National Council for Prescription 
                                Drug Programs (NCPDP) format or any 
                                subsequent standard as established by 
                                the Secretary.
                                    ``(III) The files shall be 
                                unmodified copies of the files sent 
                                from the provider, or, upon request, 
                                delivered in a machine readable format. 
                                In the event that paper claims are sent 
                                by the provider, they shall be 
                                converted to the appropriate standard 
                                electronic format. Files shall be 
                                accessible to the plan at no cost to 
                                the group health plan.
                            ``(ii) All claim payment (or EFT, 
                        electronic funds transfer) and electronic 
                        remittance advice (ERA) notices sent by a 
                        Covered Service Provider shall be made 
                        available to the group health plan as ASC X12N 
                        835 files (or any other format as identified by 
                        the Secretary) in accordance with standards 
                        adopted by regulation under HIPAA. The files 
                        shall be unmodified copies of the files sent by 
                        the Covered Service Provider to the healthcare 
                        provider. Files shall be accessible at no cost 
                        to the group health plan.
                            ``(iii) The contractual terms containing 
                        payment calculations and formulas, pricing 
                        methodologies, and other information used to 
                        determine the dollar value of reimbursement, in 
                        a format as specified by the Secretary.
                            ``(iv) All non-claim costs shall be 
                        itemized and made available to the group health 
                        plan as requested through a web-based portal, 
                        through an application program interface (API), 
                        through a downloadable Comma-Separated Value 
                        (CSV) file, and, as appropriate, through other 
                        downloadable machine-readable file types.
                    ``(E) Implementation.--The Secretary shall 
                implement this subsection through notice and comment 
                rulemaking in accordance with section 553 of title 5, 
                United States Code.
                    ``(F) Definitions.--
                            ``(i) In general.--The provisions of 
                        sections 408 and 410 of the Employee Retirement 
                        Income Security Act of 1974 shall apply with 
                        respect to terms used under this subsection.
                            ``(ii) Specified large employer.--In this 
                        subsection, the term `specified large employer' 
                        means, in connection with a group health plan 
                        (including group health insurance coverage 
                        offered in connection with such a plan) 
                        established or maintained by a single employer, 
                        with respect to a calendar year or a plan year, 
                        as applicable, an employer who employed an 
                        average of at least 50 employees on business 
                        days during the preceding calendar year or plan 
                        year and who employs at least 1 employee on the 
                        first day of the calendar year or plan year.
                            ``(iii) Specified large plan.--In this 
                        subsection, the term `specified large plan' 
                        means a group health plan (including group 
                        health insurance coverage offered in connection 
                        with such a plan) established or maintained by 
                        a plan sponsor described in clause (ii) or 
                        (iii) of section 3(16)(B) of the Employee 
                        Retirement Income Security Act of 1974 that had 
                        an average of at least 50 participants on 
                        business days during the preceding calendar 
                        year or plan year, as applicable.''.
            (2) Civil enforcement.--
                    (A) Civil enforcement.--Subsection (c) of section 
                502 of such Act (29 U.S.C. 1132) is amended by adding 
                at the end the following new paragraph:
            ``(13)(A) In the case of an agreement between a group 
        health plan (as defined in section 733(a)), the plan sponsor of 
        such plan (as defined in section 3(16)(B)), or the plan 
        administrator of such plan (as defined in section 3(16)(A)) and 
        a health care provider (which, for purposes of this paragraph, 
        includes a health care facility), network or association of 
        providers, service provider offering access to a network or 
        association of providers, third-party administrator, or 
        pharmacy benefit manager, that violates the provisions of 
        section 724(b), the Secretary may assess a civil penalty 
        against such provider, network or association, service provider 
        offering access to a network or association of providers, 
        third-party administrator, pharmacy benefit manager, or other 
        service provider in the amount of up to $10,000 for each day 
        during which such violation continues. Such penalty shall be in 
        addition to other penalties as may be prescribed by law.
            ``(B) Nothing in subparagraph (A) shall be construed to 
        permit the Secretary to regulate health care providers acting 
        in their capacity as medical organizations furnishing items and 
        services to patients.''.
                    (B) Existing provisions void.--Section 410 of such 
                Act (29 U.S.C. 1110) is amended by adding at the end 
                the following:
    ``(c) Any provision in an agreement or instrument shall be void as 
against public policy if such provision--
            ``(1) unduly delays or limits a group health plan (as 
        defined in section 733(a)), the plan sponsor of such plan (as 
        defined in section 3(16)(B)), or the plan administrator of such 
        plan (as defined in section 3(16)(A)) from accessing the claims 
        and encounter information or data described in section 
        724(b)(1)(B); or
            ``(2) violates the requirements of section 408(b)(2)(C).''.
                    (C) Technical amendments.--Section 408(b)(2)(B) of 
                such Act (29 U.S.C. 1108(b)(2)) is amended--
                            (i) in clause (i), by striking ``this 
                        clause'' and inserting ``this paragraph''; and
                            (ii) by adding at the end the following:
                            ``(xi) A contract or arrangement shall not 
                        be reasonable under this subparagraph if it 
                        fails to comply with section 724(b).''.
    (b) Updated Attestation for Price and Quality Information.--Section 
2799A-9(a)(4) of the Public Health Service Act (42 U.S.C. 300gg-
119(a)(4)) is amended to read as follows:
            ``(4) Attestation.--
                    ``(A) In general.--Subject to subparagraph (C), a 
                group health plan or health insurance issuer offering 
                group health insurance coverage shall annually submit 
                to the Secretary an attestation that such plan or 
                issuer of such coverage is in compliance with the 
                requirements of this subsection. Such attestation shall 
                also include a statement verifying that--
                            ``(i) the information or data described 
                        under subparagraphs (A) and (B) of paragraph 
                        (1) is available upon request and provided to 
                        the group health plan, the plan sponsor, the 
                        plan administrator, or the business associate 
                        of such plan, or the issuer, as applicable, in 
                        a timely manner; and
                            ``(ii) there are no terms in the agreement 
                        under such paragraph (1) that directly or 
                        indirectly restrict or unduly delay a group 
                        health plan, the plan sponsor, the plan 
                        administrator, a business associate of such 
                        plan, or the issuer from auditing, reviewing, 
                        or otherwise accessing such information.
                    ``(B) Limitation on submission.--A group health 
                plan or issuer offering group health insurance coverage 
                may not enter into an agreement with a third-party 
                administrator or other service provider to submit the 
                attestation required under subparagraph (A).
                    ``(C) Exception.--In the case of a group health 
                plan or health insurance issuer offering group health 
                insurance coverage that is unable to obtain the 
                information or data needed to submit the attestation 
                required under subparagraph (A), such plan or issuer 
                may submit a written statement in lieu of such 
                attestation that includes--
                            ``(i) an explanation of why such plan or 
                        issuer was unsuccessful in obtaining such 
                        information or data, including whether such 
                        plan, the plan sponsor, or the plan 
                        administrator or issuer was limited or 
                        prevented from auditing, reviewing, or 
                        otherwise accessing such information or data;
                            ``(ii) a description of the efforts made by 
                        the group health plan, the plan sponsor, or the 
                        plan administrator to remove any gag clause 
                        provisions from the agreement under paragraph 
                        (1); and
                            ``(iii) a description of any response by 
                        the third-party administrator or other service 
                        provider with respect to efforts to comply with 
                        the attestation requirement under subparagraph 
                        (A), including the name of the third-party 
                        administrator or other service provider.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply with respect to a plan beginning with the first plan year 
that begins on or after the date that is 1 year after the date of 
enactment of this Act.

SEC. 607. OVERSIGHT OF ADMINISTRATIVE SERVICE PROVIDERS.

    (a) PHSA Amendment.--Part D of title XXVII of the Public Health 
Service Act (42 U.S.C. 300gg-111 et seq.), as amended by section 404, 
is amended by adding at the end the following:

``SEC. 2799A-15. OVERSIGHT OF ADMINISTRATIVE SERVICE PROVIDERS.

    ``(a) In General.--For plan years beginning on or after January 1 
of the year that begins on or after the date that is 1 year after the 
date of enactment of the Health CARE Act of 2026, no agreement between 
a group health plan that is offered by a specified large employer or 
that is a specified large plan (as such terms are defined in section 
2799A-11(f)) or a health insurance issuer offering individual or group 
health coverage (that makes an election subject to subsection (b)(5)) 
and a health insurance issuer that is operating as a third-party 
administrator, a health care provider, network or association of 
providers, third-party administrator, service provider offering access 
to a network of providers, pharmacy benefit managers, or any other 
third party (each referred to in this section as a `health plan service 
provider') is permissible if such agreement limits (or delays beyond 
the applicable reporting period described in subsection (b)(1)) the 
disclosure of information to such group health plans and health 
insurance issuers in a manner that prevents any health plan service 
provider from providing the information described in subsection (b).
    ``(b) Required Disclosures.--
            ``(1) Contents and frequency.--With respect to plan years 
        beginning on or after the date that is 1 year after the date of 
        enactment of this section, not less frequently than quarterly, 
        a health plan service provider shall provide to the group 
        health or the health insurance issuer offering individual or 
        group health insurance coverage the following information at no 
        cost to the plan or issuer:
                    ``(A) The information described in section 2799A-
                9(a)(1)(B) (42 U.S.C. 300gg-119(a)(1)(B)).
                    ``(B) Any contractual and subcontractual 
                calculation methodologies, pricing or fee schedules, or 
                other formulae used to determine reimbursement amounts 
                to providers and subcontractors, including 
                methodologies, schedules, fee structures, and any 
                applied adjustments or modifiers, with such information 
                provided in a manner sufficiently detailed to enable 
                the group health plan or issuer to accurately assess, 
                verify, and ensure compliance with the terms of any 
                contractual and subcontractual agreement governing the 
                reimbursement amounts.
                    ``(C) The total amount received or expected to be 
                received by the health plan service provider or its 
                subcontractors in provider or supplier rebates, fees, 
                alternative discounts, and all other remuneration 
                including amounts held in escrow or variance accounts 
                that has been paid or is to be paid for claims incurred 
                and administrative services including data sales or 
                network payments.
                    ``(D) The total amount paid or expected to be paid 
                by the health plan service provider to its 
                subcontractors in rebates, fees, contractual 
                arrangements, and all other remuneration for 
                administrative and other services.
                    ``(E) All payment data, calculation methodologies, 
                and reconciliation information related to alternative 
                compensation arrangements, including accountable care 
                organizations, value-based programs, shared savings 
                programs, incentive compensation, bundled payments, 
                capitation arrangements, performance payments, and any 
                other reimbursement or payment models, where the group 
                health plan paid fees, incurred obligations, or made 
                payments in connection with the group health plan or 
                issuer related to such arrangements.
                    ``(F) Whether, with respect to a provider that 
                files claims under such plan or coverage, the health 
                plan service provider--
                            ``(i) has an ownership or investment 
                        interest;
                            ``(ii) has a controlling interest;
                            ``(iii) is a management services 
                        organization; or
                            ``(iv) is a significant equity investor.
                    ``(G) The name and business address for each person 
                or entity that, with respect to the health plan service 
                provider--
                            ``(i) has an ownership or investment 
                        interest;
                            ``(ii) has a controlling interest; or
                            ``(iii) is a significant equity investor.
            ``(2) Manner of providing information or data.--
                    ``(A) In general.--A health plan service provider 
                shall provide information or data under paragraph (1) 
                in a manner consistent with the privacy regulations 
                promulgated under section 13402(a) of the Health 
                Information Technology for Economic and Clinical Health 
                Act (42 U.S.C. 17932(a)) and consistent with the 
                privacy regulations promulgated under the Health 
                Insurance Portability and Accountability Act of 1996 in 
                part 160 and subparts A and E of part 164 of title 45, 
                Code of Federal Regulations (or successor regulations) 
                (referred to in this paragraph as the `HIPAA privacy 
                regulations') and shall restrict the use and disclosure 
                of such information according to such privacy 
                regulations and such HIPAA privacy regulations.
                    ``(B) Additional requirements.--In carrying out 
                this subsection, a health plan service provider shall 
                comply with section 164.504(f) of title 45, Code of 
                Federal Regulations (or a successor regulation).
                    ``(C) Rule of construction.--
                            ``(i) In general.--Nothing in this 
                        subsection shall be construed to modify the 
                        requirements for the creation, receipt, 
                        maintenance, or transmission of protected 
                        health information under the HIPAA privacy 
                        regulations.
                            ``(ii) Civil rights laws.--Nothing in this 
                        subsection shall be construed to affect the 
                        application of any Federal or State privacy or 
                        civil rights law, including the HIPAA privacy 
                        regulations, the Genetic Information 
                        Nondiscrimination Act of 2008 (Public Law 110-
                        233) (including the amendments made by such 
                        Act), the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.), section 504 of 
                        the Rehabilitation Act of 1973 (29 U.S.C. 794), 
                        section 1557 of the Patient Protection and 
                        Affordable Care Act (42 U.S.C. 18116), title VI 
                        of the Civil Rights Act of 1964 (42 U.S.C. 
                        2000d), and title VII of the Civil Rights Act 
                        of 1964 (42 U.S.C. 2000e).
                    ``(D) Written notice.--Each plan year, a health 
                plan service provider shall provide to each participant 
                or beneficiary written notice informing the participant 
                or beneficiary of the requirement for health plan 
                service providers to submit information or data under 
                paragraph (1), as applicable, which may include 
                incorporating such notification in plan documents 
                provided to the participant or beneficiary, or 
                providing individual notification.
                    ``(E) Clarification regarding public disclosure of 
                information.--Nothing in this subsection shall prevent 
                a health plan service provider from placing reasonable 
                restrictions on the public disclosure of the 
                information or data described in paragraph (1), except 
                that such provider may not restrict disclosures under 
                subsection (b)(1) to the Department of Health and Human 
                Services, the Department of Labor, or the Department of 
                the Treasury.
                    ``(F) Limitation.--This paragraph shall not be 
                construed to abridge or limit the disclosure 
                requirements under this subsection or to impose 
                additional privacy or security requirements on health 
                plan service providers or plan sponsors.
            ``(3) Disclosure and redisclosure.--
                    ``(A) In general.--A group health plan or health 
                insurance issuer offering individual or group coverage 
                receiving information under paragraph (1) may disclose 
                such information only--
                            ``(i) to the entity from which the 
                        information was received or to that entity's 
                        business associates as defined in section 
                        160.103 of title 45, Code of Federal 
                        Regulations (or successor regulations); or
                            ``(ii) as permitted by the HIPAA Privacy 
                        Rule (45 CFR part 160 and subparts A and E of 
                        part 164).
                    ``(B) Availability of information.--To the extent 
                the information required by this subsection is made 
                available to the health insurance issuer offering group 
                health insurance coverage, the health insurance issuer 
                shall make such information available, at the same 
                time, in the same format, and at no cost, to the group 
                health plan.
                    ``(C) Limitation on use of information.--A group 
                health plan or health insurance issuer (and any 
                business associate or other entity acting on behalf of 
                such plan) may use information or data under this 
                paragraph only for purposes of plan administration and 
                may not sell, license, or otherwise commercially 
                exploit such information or data or provide such 
                information or data to any third party that may take 
                such action.
                    ``(D) Rule of construction.--Nothing in this 
                section shall be construed to prevent a group health 
                plan, a health insurance issuer, or a health plan 
                service provider providing services with respect to 
                such a plan, from placing reasonable restrictions on 
                the public disclosure of the information described in 
                paragraph (1), except that such plan or entity may not 
                restrict disclosure of such information to the 
                Department of Health and Human Services, the Department 
                of Labor, the Department of the Treasury, or the 
                Comptroller General of the United States.
                    ``(E) Failure to provide.--The obligation to 
                provide information pursuant to this subsection shall 
                exist notwithstanding the presence of any formal data-
                sharing agreement between the parties. Failure to 
                provide the required information as specified shall 
                constitute a violation of this Act and the Secretary 
                shall initiate enforcement action under section 2723(b) 
                (42 U.S.C. 300gg-22(b)) within 90 days of becoming 
                aware of a violation of this section, except that 
                nothing in this section shall be construed to limit the 
                Secretary's existing authority under this Act.
            ``(4) Data format standards.--All data and information 
        provided pursuant to this subsection shall comply with the 
        following standards:
                    ``(A) All claims from a healthcare provider shall 
                be made to the group health plan in accordance with 
                standards adopted under HIPAA as described in subpart K 
                of part 162 of title 45, Code of Federal Regulations, 
                as follows:
                            ``(i) Institutional, professional, and 
                        dental claims and adjustments to these claims 
                        shall be provided to the group health plan or 
                        health insurance issuer in the ASC X12N 837 
                        format.
                            ``(ii) Prescription drug claims shall be in 
                        the National Council for Prescription Drug 
                        Programs (NCPDP) format.
                            ``(iii) The files shall be unmodified 
                        copies of the files sent from the provider. In 
                        the event that paper claims are sent by the 
                        provider, they shall be converted to the 
                        appropriate standard electronic format. Such 
                        data shall be provided at no cost to the group 
                        health plan.
                    ``(B) All claim payment (or EFT, electronic funds 
                transfer) and electronic remittance advice (ERA) 
                information sent by a health plan service provider 
                shall be provided to the group health plan or health 
                insurance issuer in the ASC X12N 835 format, in 
                accordance with standards and operating rules adopted 
                under HIPAA at subpart P of part 162 of title 45, Code 
                of Federal Regulations, unmodified from the form in 
                which it was transmitted to the healthcare provider. 
                Such information shall be provided at no cost to the 
                group health plan.
                    ``(C) The Secretary may modify the standards set 
                forth in this paragraph as necessary to align with any 
                changes adopted by the Secretary pursuant to the 
                authority provided under section 1173 of the Social 
                Security Act (42 U.S.C. 1320d-2).
            ``(5) Opt-in for health insurance coverage.--In the case of 
        a health insurance issuer offering coverage in the individual 
        or group market, such issuer may, on an annual basis, for plan 
        years beginning on or after the effective date of this section, 
        elect to require a health plan service provider to submit to 
        such issuer a report that includes all of the information 
        described in paragraph (1).
    ``(c) Prohibited Contractual Provisions.--Any provision in an 
agreement that unduly delays or limits a group health plan or issuer's 
access to information described in this section or that restricts the 
format or timing of the provision of such information in a manner that 
is inconsistent with the requirements of this section shall be 
prohibited and, if a group health plan or issuer enters into such 
agreement, shall be deemed void as against public policy.
    ``(d) Regulations.--The Secretary shall implement this section 
through notice and comment rulemaking in accordance with section 553 of 
title 5, United States Code.''.
    (b) Penalty.--Section 2723(b) of the Public Health Service Act (42 
U.S.C. 300gg-22(b)) is amended by adding at the end the following:
            ``(4) Enforcement authority relating to health plan service 
        providers.--Notwithstanding any provisions to the contrary, the 
        Secretary may assess a penalty against a health plan service 
        provider, as defined in section 2799A-15(a), of $100,000 per 
        day for each violation of such section, pursuant to 
        substantially similar processes and procedures as those set 
        forth in section 2723(b)(2)(D) through (G).''.
    (c) ERISA Amendments.--
            (1) In general.--Section 502(c) of the Employee Retirement 
        Income Security Act of 1974 (29 U.S.C. 1132(c)) is amended by 
        adding at the end the following new paragraph:
            ``(14) The Secretary may assess a civil penalty against any 
        person of $100,000 per day for each violation by any person of 
        section 2799A-15 of the Public Health Service Act.''.
            (2) Technical amendment.--Paragraph (6) of section 502(a) 
        of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1132(a)) is amended by striking ``or (9)'' and inserting 
        ``(9), (13), or (14)''.

SEC. 608. STATE PREEMPTION ONLY IN EVENT OF CONFLICT.

    The provisions of section 2718A of the Public Health Service Act 
(as added and amended by this Act) shall not be construed to supersede 
any provision of State law which establishes, implements, or continues 
in effect any requirement or prohibition related to health care price 
transparency, including for hospitals, clinical diagnostic 
laboratories, provider of specified imaging services, and ambulatory 
surgical centers (as such terms are defined in section 2718A(a) of the 
Public Health Service Act), except to the extent that such requirement 
or prohibition prevents the application of a requirement or prohibition 
of such sections (or such amendments). Nothing in this section shall be 
construed to affect group health plans established under the Employee 
Retirement Income Security Act of 1974, or alter the application of 
section 514 of such Act (29 U.S.C. 1144).

SEC. 609. REQUIREMENT FOR EXPLANATION OF BENEFITS.

    (a) Advanced Explanation of Benefits.--Section 2799A-1(f) of the 
Public Health Service Act (42 U.S.C. 300gg-111(f)) is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) A good faith estimate of the amount the plan 
                or coverage is responsible for paying for items and 
                services included in the estimate described in 
                subparagraph (B), including a plain language 
                description of each item or service and all applicable 
                billing codes for each item or service, including 
                modifiers, using standard and commonly recognized 
                billing code sets that are clearly identified.''; and
                    (B) by adding at the end the following:
                    ``(I) A notification that the recipient may be held 
                harmless, in certain circumstances, if the information 
                in the advanced explanation of benefits does not match 
                the amount the recipient is billed.''; and
            (2) by adding at the end the following:
            ``(3) Hold harmless.--
                    ``(A) In general.--For plan years beginning on or 
                after the date that is 1 year after the date on which 
                the Secretary implements this section, a participant, 
                beneficiary, or enrollee shall be held harmless for any 
                amount that is substantially in excess (as defined by 
                the Secretary in a manner consistent with the process 
                described in section 2799B-7) of the estimate generated 
                by the advanced explanation of benefits.
                    ``(B) No patient responsibility for excess 
                charges.--A group health plan or a health insurance 
                issuer in the group or individual market shall not hold 
                a participant, beneficiary, or enrollee responsible for 
                excess charges described in this paragraph if such 
                excess is the result of coverage or payment 
                determinations that differ from projections made in the 
                advanced explanation of benefits at the time such 
                explanation was generated.
                    ``(C) Substantial excess.--A participant, 
                beneficiary, or enrollee shall not be held harmless for 
                excess amounts if such amounts reflect the cost of 
                medically necessary items or services furnished based 
                on unforeseen circumstances that could not have 
                reasonably been anticipated by the provider or facility 
                at the time the good faith estimate was generated or by 
                the plan or issuer at the time the advanced explanation 
                of benefits was generated.''.
    (b) Good Faith Estimates.--Section 2799B-6 of the Public Health 
Service Act (42 U.S.C. 300gg-136) is amended--
            (1) by striking ``Each health care'' and inserting the 
        following:
    ``(a) In General.--Each health care''; and
            (2) by adding at the end the following:
    ``(b) Hold Harmless.--
            ``(1) In general.--For plan years beginning on or after the 
        date that is 1 year after the date on which the Secretary 
        implements section 2799A-1(f), if an individual enrolled in a 
        group health plan or health insurance coverage (and seeks to 
        have a claim for an item or service submitted to such plan or 
        coverage) is responsible for any amount that is substantially 
        in excess (as defined by the Secretary in a manner consistent 
        the process described in section 2799B-7) of the estimate 
        generated in the advanced explanation of benefits described in 
        section 2799A-1(f) because the final charges for items and 
        services were substantially in excess of the good faith 
        estimate provided to the plan or coverage under this section, a 
        provider shall not bill the patient for amounts substantially 
        in excess of the advanced explanation of benefits.
            ``(2) Substantial excess.--An individual seeking to have a 
        claim for an item or service covered by a group health plan or 
        health insurance coverage shall not be held harmless for excess 
        amounts if such amounts reflect the cost of medically necessary 
        items or services furnished based on unforeseen circumstances 
        that could not have reasonably been anticipated by the provider 
        or facility at the time the good faith estimate was generated 
        or by the plan or issuer at the time the advanced explanation 
        of benefits was generated.''.
    (c) Explanation of Benefits.--Section 2799A-1 of the Public Health 
Service Act (42 U.S.C. 300gg-111) is amended by adding at the end the 
following:
    ``(g) Explanation of Benefits.--
            ``(1) In general.--For plan years beginning on January 1 of 
        the year that begins on or after the date that is 1 year after 
        the date of enactment of the Health CARE Act of 2026, each 
        group health plan, or a health insurance issuer offering group 
        or individual health insurance coverage shall, within 45 days 
        of receiving the information necessary to decide a claim for 
        payment (as defined by the Secretary) for an item or service 
        under the plan or coverage for which liability under the plan 
        or coverage has been determined, provide to the participant, 
        beneficiary, or enrollee (through mail or electronic means, as 
        requested by the participant, beneficiary, or enrollee) a 
        notification (in clear and understandable language and 
        utilizing substantially the same format as the advanced 
        explanation of benefits required by subsection (f) to enable 
        comparison when an advanced explanation of benefits is 
        provided) including the following:
                    ``(A) Whether or not the provider or facility is a 
                participating provider or a participating facility with 
                respect to the plan or coverage with respect to the 
                furnishing of such item or service.
                    ``(B) An itemized explanation of benefits that 
                includes the following:
                            ``(i) A plain language description of each 
                        item or service.
                            ``(ii) All applicable billing codes for 
                        each item or service, including modifiers, 
                        using standard and commonly recognized billing 
                        code sets that are clearly identified.
                            ``(iii) The amount the plan or coverage is 
                        responsible for paying for each item or 
                        service.
                            ``(iv) The amount of any cost-sharing for 
                        which the participant, beneficiary, or enrollee 
                        is responsible for each item or service (as of 
                        the date of such notification).
                            ``(v) The amount that the participant, 
                        beneficiary, or enrollee has incurred toward 
                        meeting the limit of the financial 
                        responsibility (including with respect to 
                        deductibles and out-of-pocket maximums) under 
                        the plan or coverage (as of the date of such 
                        notification).
                            ``(vi) The type of site of each item or 
                        service, including office, facility, or 
                        emergency room.
                            ``(vii) If applicable, a description of any 
                        discrepancies that exist between the services 
                        outlined in a patient's advanced explanation of 
                        benefits and the explanation of benefits.
                            ``(viii) The amount of any facility fee or 
                        other patient charges that were added to the 
                        final payment amount, together with a plain 
                        language explanation of the fee, if applicable.
                    ``(C) If the provider or facility is a 
                participating provider or facility with respect to the 
                plan or coverage with respect to the furnishing of such 
                item or service, the contracted rate under such plan or 
                coverage for such item or service.
                    ``(D) The charges submitted by the provider or 
                facility for each item or service.
                    ``(E) Information pertaining to plan type, as 
                defined the Secretary.
            ``(2) Format.--If applicable, the notification described in 
        paragraph (1) may be provided in conjunction with, or as part 
        of, a notice of a claim determination or other communication 
        required by section 2719(a) (42 U.S.C. 300gg-19(a)), or 
        regulations thereunder.
    ``(h) Regulations.--The Secretary shall implement this section 
through notice and comment rulemaking in accordance with section 553 of 
title 5, United States Code.''.

SEC. 610. TRANSPARENCY IN BILLING.

    (a) In General.--Part E of title XXVII of the Public Health Service 
Act (42 U.S.C. 300gg-131 et seq.) is amended by adding at the end the 
following:

``SEC. 2799B-10. PATIENT ACCESS TO COMPLETE BILLING INFORMATION.

    ``(a) Requirements.--
            ``(1) Notice of right of access to itemized bills; in 
        general.--A health care provider or health care facility that 
        requests payment from an individual for providing a health care 
        item or service to the patient shall include with such request 
        a written notice of the individual's right to request an 
        itemized bill as part of the individual's designated record set 
        under section 164.524 of title 45, Code of Federal Regulations 
        (or a successor regulation).
            ``(2) Required information.--A notice under paragraph (1) 
        shall provide--
                    ``(A) a phone number and internet website where an 
                individual can make a request for access to their 
                itemized bill;
                    ``(B) information about the availability of 
                language-assistance services for individuals with 
                limited English proficiency (LEP); and
                    ``(C) information about the health care provider's 
                or health care facility's charity care policies and 
                instructions on how to apply for charity care.
            ``(3) Collections actions.--
                    ``(A) In general.--A health care provider or health 
                care facility shall not bill or take any collections 
                actions against an individual--
                            ``(i) for any provided health care item or 
                        service unless the health care provider or 
                        health care facility has complied with 
                        paragraph (1) or section 13405(e)(4) of the 
                        HITECH Act; or
                            ``(ii) with respect to any items or 
                        services for which the amount appearing on an 
                        itemized bill described above in paragraph (1) 
                        exceeds the amount disclosed pursuant to 
                        Federal health care price transparency 
                        regulations, including part 180 of title 45, 
                        Code of Federal Regulations, or provided in a 
                        good faith estimate that complies with section 
                        2799B-6 of this Act and section 149.610 of 
                        title 45, Code of Federal Regulations, or 
                        another good faith estimate provided by a 
                        health care entity covered under this section 
                        but not otherwise covered under such section 
                        2799B-6, unless the provider or facility 
                        documents that the additional items or services 
                        were medically necessary due to unforeseen 
                        complications or a patient-initiated change, 
                        and could not reasonably have been anticipated.
                    ``(B) Provider requirement.--If a provider fails to 
                provide a documentation as required under subparagraph 
                (A)(ii) in the case of items or services, the good 
                faith estimate described in such subparagraph with 
                respect to such items or services shall be binding.
    ``(b) Failure To Comply.--
            ``(1) Penalties.--The Secretary shall impose penalties on 
        any health care provider or health care facility that fails to 
        comply with the requirements of this section in an amount not 
        to exceed $10,000 for each instance of failure to comply.
            ``(2) Presumption in favor of individual.--If a health care 
        provider or health care facility fails to comply with the 
        requirements of this section, the presumption shall be that 
        charges were substantially in excess of the good faith 
        estimate, as set forth in section 2799B-6, for the purpose of 
        any patient-provider dispute, including in accordance with 
        section 2799B-7 and regulations promulgated thereunder.
    ``(c) Regulations.--The Secretary shall implement this section 
through notice and comment rulemaking in accordance with section 553 of 
title 5, United States Code.''.
    (b) Standards for Accessing Itemized Bills.--Section 13405(e) of 
the HITECH Act (42 U.S.C. 17935(e)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end, the following:
            ``(4) if the individual makes a request only for an 
        itemized copy of a bill for services provided, the covered 
        entity or business associate shall--
                    ``(A) make such protected health information 
                available within 30 days of such request;
                    ``(B) not impose any fee for providing such 
                individual a copy of their information; and
                    ``(C) include in such itemized bill, a plain 
                language description of each distinct health care item 
                or service, all applicable billing codes for each 
                distinct item or service, including modifiers, using 
                standard and commonly recognized billing code sets, the 
                price and billed amount, if different, of each distinct 
                item or service.''.

SEC. 611. TECHNICAL AMENDMENTS.

    (a) ERISA.--Section 715(a)(1) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1185d(a)(1)) is amended by inserting 
``and parts D and E of title XXVII of the Public Health Service Act (as 
amended by title VI the Health CARE Act of 2026)'' after ``Affordable 
Care Act)''.
    (b) Internal Revenue Code.--Section 9815(a)(1) of the Internal 
Revenue Code of 1986 is amended by inserting ``and parts D and E of 
title XXVII of the Public Health Service Act (as amended by title VI of 
the Health CARE Act of 2026)'' after ``Affordable Care Act)''.

SEC. 612. IMPLEMENTATION AND ENFORCEMENT FUNDING.

    (a) Appropriation for Secretary of Labor.--There are authorized to 
be appropriated, such sums as may be necessary for fiscal year 2027, 
and each subsequent fiscal year, to enable the Secretary of Labor to 
carry out this Act and the amendments made by this Act, including 
enforcement activities.
    (b) Appropriation for the Secretary of Health and Human Services.--
There are authorized to be appropriated, such sums as may be necessary 
for fiscal year 2027, and each subsequent fiscal year, to enable the 
Secretary of Health and Human Services to carry out the amendments made 
by this Act, including implementation and enforcement activities.

          TITLE VII--REFORMING PBMS AND PROTECTING PHARMACIES

SEC. 701. ENSURING ACCURATE PAYMENTS TO PHARMACIES UNDER MEDICAID.

    (a) In General.--Section 1927(f) of the Social Security Act (42 
U.S.C. 1396r-8(f)) is amended--
            (1) in paragraph (1)(A)--
                    (A) by redesignating clause (ii) as clause (iii); 
                and
                    (B) by striking ``and'' after the semicolon at the 
                end of clause (i) and all that precedes it through 
                ``(1)'' and inserting the following:
            ``(1) Determining pharmacy actual acquisition costs.--The 
        Secretary shall conduct a survey of retail community pharmacy 
        drug prices and applicable non-retail pharmacy drug prices to 
        determine national average drug acquisition cost benchmarks (as 
        such term is defined by the Secretary) as follows:
                    ``(A) Use of vendor.--The Secretary may contract 
                services for--
                            ``(i) with respect to retail community 
                        pharmacies, the determination of retail survey 
                        prices of the national average drug acquisition 
                        cost for covered outpatient drugs that 
                        represent a nationwide average of consumer 
                        purchase prices for such drugs, net of all 
                        discounts, rebates, and other price concessions 
                        (to the extent any information with respect to 
                        such discounts, rebates, and other price 
                        concessions is available) based on a monthly 
                        survey of such pharmacies;
                            ``(ii) with respect to applicable non-
                        retail pharmacies--
                                    ``(I) the determination of survey 
                                prices, separate from the survey prices 
                                described in clause (i), of the non-
                                retail national average drug 
                                acquisition cost for covered outpatient 
                                drugs that represent a nationwide 
                                average of consumer purchase prices for 
                                such drugs, net of all discounts, 
                                rebates, and other price concessions 
                                (to the extent any information with 
                                respect to such discounts, rebates, and 
                                other price concessions is available) 
                                based on a monthly survey of such 
                                pharmacies; and
                                    ``(II) at the discretion of the 
                                Secretary, for each type of applicable 
                                non-retail pharmacy, the determination 
                                of survey prices, separate from the 
                                survey prices described in clause (i) 
                                or subclause (I) of this clause, of the 
                                national average drug acquisition cost 
                                for such type of pharmacy for covered 
                                outpatient drugs that represent a 
                                nationwide average of consumer purchase 
                                prices for such drugs, net of all 
                                discounts, rebates, and other price 
                                concessions (to the extent any 
                                information with respect to such 
                                discounts, rebates, and other price 
                                concessions is available) based on a 
                                monthly survey of such pharmacies; 
                                and'';
            (2) in subparagraph (B) of paragraph (1), by striking 
        ``subparagraph (A)(ii)'' and inserting ``subparagraph 
        (A)(iii)'';
            (3) in subparagraph (D) of paragraph (1), by striking 
        clauses (ii) and (iii) and inserting the following:
                            ``(ii) The vendor must update the Secretary 
                        no less often than monthly on the survey prices 
                        for covered outpatient drugs.
                            ``(iii) The vendor must differentiate, in 
                        collecting and reporting survey data, for all 
                        cost information collected, whether a pharmacy 
                        is a retail community pharmacy or an applicable 
                        non-retail pharmacy, including whether such 
                        pharmacy is an affiliate (as defined in 
                        subsection (k)(13)), and, in the case of an 
                        applicable non-retail pharmacy, which type of 
                        applicable non-retail pharmacy it is using the 
                        relevant pharmacy type indicators included in 
                        the guidance required by subsection (d)(2) of 
                        section 701 of the Health CARE Act of 2026.'';
            (4) by adding at the end of paragraph (1) the following:
                    ``(F) Survey reporting.--In order to meet the 
                requirement of section 1902(a)(54), a State shall 
                require that any retail community pharmacy or 
                applicable non-retail pharmacy in the State that 
                receives any payment, reimbursement, administrative 
                fee, discount, rebate, or other price concession 
                related to the dispensing of covered outpatient drugs 
                to individuals receiving benefits under this title, 
                regardless of whether such payment, reimbursement, 
                administrative fee, discount, rebate, or other price 
                concession is received from the State or a managed care 
                entity or other specified entity (as such terms are 
                defined in section 1903(m)(9)(D)) directly or from a 
                pharmacy benefit manager or another entity that has a 
                contract with the State or a managed care entity or 
                other specified entity (as so defined), shall respond 
                to surveys conducted under this paragraph.
                    ``(G) Survey information.--Information on national 
                drug acquisition prices obtained under this paragraph 
                shall be made publicly available in a form and manner 
                to be determined by the Secretary and shall include at 
                least the following:
                            ``(i) The monthly response rate to the 
                        survey including a list of pharmacies not in 
                        compliance with subparagraph (F).
                            ``(ii) The sampling methodology and number 
                        of pharmacies sampled monthly.
                            ``(iii) Information on price concessions to 
                        pharmacies, including discounts, rebates, and 
                        other price concessions, to the extent that 
                        such information may be publicly released and 
                        has been collected by the Secretary as part of 
                        the survey.
                    ``(H) Penalties.--
                            ``(i) In general.--Subject to clauses (ii), 
                        (iii), and (iv), the Secretary shall enforce 
                        the provisions of this paragraph with respect 
                        to a pharmacy through the establishment of 
                        civil money penalties applicable to a retail 
                        community pharmacy or an applicable non-retail 
                        pharmacy.
                            ``(ii) Basis for penalties.--The Secretary 
                        shall impose a civil money penalty established 
                        under this subparagraph on a retail community 
                        pharmacy or applicable non-retail pharmacy if--
                                    ``(I) the retail pharmacy or 
                                applicable non-retail pharmacy refuses 
                                or otherwise fails to respond to a 
                                request for information about prices in 
                                connection with a survey under this 
                                subsection;
                                    ``(II) knowingly provides false 
                                information in response to such a 
                                survey; or
                                    ``(III) otherwise fails to comply 
                                with the requirements established under 
                                this paragraph.
                            ``(iii) Parameters for penalties.--
                                    ``(I) In general.--A civil money 
                                penalty established under this 
                                subparagraph may be assessed with 
                                respect to each violation, and with 
                                respect to each non-compliant retail 
                                community pharmacy (including a 
                                pharmacy that is part of a chain) or 
                                non-compliant applicable non-retail 
                                pharmacy (including a pharmacy that is 
                                part of a chain), in an amount not to 
                                exceed $100,000 for each such 
                                violation.
                                    ``(II) Considerations.--In 
                                determining the amount of a civil money 
                                penalty imposed under this 
                                subparagraph, the Secretary may 
                                consider the size, business structure, 
                                and type of pharmacy involved, as well 
                                as the type of violation and other 
                                relevant factors, as determined 
                                appropriate by the Secretary.
                            ``(iv) Rule of application.--The provisions 
                        of section 1128A (other than subsections (a) 
                        and (b)) shall apply to a civil money penalty 
                        under this subparagraph in the same manner as 
                        such provisions apply to a civil money penalty 
                        or proceeding under section 1128A(a).
                    ``(I) Limitation on use of applicable non-retail 
                pharmacy pricing information.--No State shall use 
                pricing information reported by applicable non-retail 
                pharmacies under subparagraph (A)(ii) to develop or 
                inform payment methodologies for retail community 
                pharmacies.'';
            (5) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``, including 
                payment rates and methodologies for determining 
                ingredient cost reimbursement under managed care 
                entities or other specified entities (as such terms are 
                defined in section 1903(m)(9)(D)),'' after ``under this 
                title''; and
                    (B) in subparagraph (B), by inserting ``and the 
                basis for such dispensing fees'' before the semicolon;
            (6) by redesignating paragraph (4) as paragraph (5);
            (7) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) Oversight.--
                    ``(A) In general.--The Inspector General of the 
                Department of Health and Human Services shall conduct 
                periodic studies of the survey data reported under this 
                subsection, as appropriate, including with respect to 
                substantial variations in acquisition costs or other 
                applicable costs, as well as with respect to how 
                internal transfer prices and related party transactions 
                may influence the costs reported by pharmacies that are 
                affiliates (as defined in subsection (k)(13)) or are 
                owned by, controlled by, or related under a common 
                ownership structure with a wholesaler, distributor, or 
                other entity that acquires covered outpatient drugs 
                relative to costs reported by pharmacies not affiliated 
                with such entities. The Inspector General shall provide 
                periodic updates to Congress on the results of such 
                studies, as appropriate, in a manner that does not 
                disclose trade secrets or other proprietary 
                information.
                    ``(B) Appropriation.--There is appropriated to the 
                Inspector General of the Department of Health and Human 
                Services, out of any money in the Treasury not 
                otherwise appropriated, $5,000,000 for fiscal year 
                2027, to remain available until expended, to carry out 
                this paragraph.''; and
            (8) in paragraph (5), as so redesignated--
                    (A) by inserting ``, and $9,000,000 for fiscal year 
                2027 and each fiscal year thereafter,'' after ``2010''; 
                and
                    (B) by inserting ``Funds appropriated under this 
                paragraph for fiscal year 2027 and any subsequent 
                fiscal year shall remain available until expended.'' 
                after the period.
    (b) Definitions.--Section 1927(k) of the Social Security Act (42 
U.S.C. 1396r-8(k)) is amended--
            (1) in the matter preceding paragraph (1), by striking ``In 
        the section'' and inserting ``In this section''; and
            (2) by adding at the end the following new paragraphs:
            ``(12) Applicable non-retail pharmacy.--The term 
        `applicable non-retail pharmacy' means a pharmacy that is 
        licensed as a pharmacy by the State and that is not a retail 
        community pharmacy, including a pharmacy that dispenses 
        prescription medications to patients primarily through mail and 
        specialty pharmacies. Such term does not include nursing home 
        pharmacies, long-term care facility pharmacies, hospital 
        pharmacies, clinics, charitable or not-for-profit pharmacies, 
        government pharmacies, or low dispensing pharmacies (as defined 
        by the Secretary).
            ``(13) Affiliate.--The term `affiliate' means any entity 
        that is owned by, controlled by, or related under a common 
        ownership structure with a pharmacy benefit manager or a 
        managed care entity or other specified entity (as such terms 
        are defined in section 1903(m)(9)(D)).''.
    (c) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this section shall take effect on the first day of the 
        first quarter that begins on or after the date that is 6 months 
        after the date of enactment of this Act.
            (2) Delayed application to applicable non-retail 
        pharmacies.--The pharmacy survey requirements established by 
        the amendments to section 1927(f) of the Social Security Act 
        (42 U.S.C. 1396r-8(f)) made by this section shall apply to 
        retail community pharmacies beginning on the effective date 
        described in paragraph (1), but shall not apply to applicable 
        non-retail pharmacies until the first day of the first quarter 
        that begins on or after the date that is 18 months after the 
        date of enactment of this Act.
    (d) Identification of Applicable Non-Retail Pharmacies.--
            (1) In general.--Not later than January 1, 2028, the 
        Secretary of Health and Human Services shall, in consultation 
        with stakeholders as appropriate, publish guidance specifying 
        pharmacies that meet the definition of applicable non-retail 
        pharmacies (as such term is defined in subsection (k)(12) of 
        section 1927 of the Social Security Act (42 U.S.C. 1396r-8), as 
        added by subsection (b)), and that will be subject to the 
        survey requirements under subsection (f)(1) of such section, as 
        amended by subsection (a).
            (2) Inclusion of pharmacy type indicators.--The guidance 
        published under paragraph (1) shall include pharmacy type 
        indicators to distinguish between different types of applicable 
        non-retail pharmacies, such as pharmacies that dispense 
        prescriptions primarily through the mail and pharmacies that 
        dispense prescriptions that require special handling or 
        distribution. An applicable non-retail pharmacy may be 
        identified through multiple pharmacy type indicators.
    (e) Implementation.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Health and Human Services may implement 
        the amendments made by this section by program instruction or 
        otherwise.
            (2) Nonapplication of administrative procedure act.--
        Implementation of the amendments made by this section shall be 
        exempt from the requirements of section 553 of title 5, United 
        States Code.
    (f) Nonapplication of Paperwork Reduction Act.--Chapter 35 of title 
44, United States Code, shall not apply to any data collection 
undertaken by the Secretary of Health and Human Services under section 
1927(f) of the Social Security Act (42 U.S.C. 1396r-8(f)), as amended 
by this section.

SEC. 702. PREVENTING THE USE OF ABUSIVE SPREAD PRICING IN MEDICAID.

    (a) In General.--Section 1927 of the Social Security Act (42 U.S.C. 
1396r-8) is amended--
            (1) in subsection (e), by adding at the end the following 
        new paragraph:
            ``(6) Transparent prescription drug pass-through pricing 
        required.--
                    ``(A) In general.--A contract between the State and 
                a pharmacy benefit manager (referred to in this 
                paragraph as a `PBM'), or a contract between the State 
                and a managed care entity or other specified entity (as 
                such terms are defined in section 1903(m)(9)(D) and 
                collectively referred to in this paragraph as the 
                `entity') that includes provisions making the entity 
                responsible for coverage of covered outpatient drugs 
                dispensed to individuals enrolled with the entity, 
                shall require that payment for such drugs and related 
                administrative services (as applicable), including 
                payments made by a PBM on behalf of the State or 
                entity, is based on a transparent prescription drug 
                pass-through pricing model under which--
                            ``(i) any payment made by the entity or the 
                        PBM (as applicable) for such a drug--
                                    ``(I) is limited to--
                                            ``(aa) ingredient cost; and
                                            ``(bb) a professional 
                                        dispensing fee that is not less 
                                        than the professional 
                                        dispensing fee that the State 
                                        would pay if the State were 
                                        making the payment directly in 
                                        accordance with the State plan;
                                    ``(II) is passed through in its 
                                entirety (except as reduced under 
                                Federal or State laws and regulations 
                                in response to instances of waste, 
                                fraud, or abuse) by the entity or PBM 
                                to the pharmacy or provider that 
                                dispenses the drug; and
                                    ``(III) is made in a manner that is 
                                consistent with sections 447.502, 
                                447.512, 447.514, and 447.518 of title 
                                42, Code of Federal Regulations (or any 
                                successor regulation) as if such 
                                requirements applied directly to the 
                                entity or the PBM, except that any 
                                payment by the entity or the PBM for 
                                the ingredient cost of such drug 
                                purchased by a covered entity (as 
                                defined in subsection (a)(5)(B)) may 
                                exceed the actual acquisition cost (as 
                                defined in 447.502 of title 42, Code of 
                                Federal Regulations, or any successor 
                                regulation) for such drug if--
                                            ``(aa) such drug was 
                                        subject to an agreement under 
                                        section 340B of the Public 
                                        Health Service Act;
                                            ``(bb) such payment for the 
                                        ingredient cost of such drug 
                                        does not exceed the maximum 
                                        payment that would have been 
                                        made by the entity or the PBM 
                                        for the ingredient cost of such 
                                        drug if such drug had not been 
                                        purchased by such covered 
                                        entity; and
                                            ``(cc) such covered entity 
                                        reports to the Secretary (in a 
                                        form and manner specified by 
                                        the Secretary), on an annual 
                                        basis and with respect to 
                                        payments for the ingredient 
                                        costs of such drugs so 
                                        purchased by such covered 
                                        entity that are in excess of 
                                        the actual acquisition costs 
                                        for such drugs, the aggregate 
                                        amount of such excess;
                            ``(ii) payment to the entity or the PBM (as 
                        applicable) for administrative services 
                        performed by the entity or PBM is limited to an 
                        administrative fee that reflects the fair 
                        market value (as defined by the Secretary) of 
                        such services;
                            ``(iii) the entity or the PBM (as 
                        applicable) makes available to the State, and 
                        the Secretary upon request in a form and manner 
                        specified by the Secretary, all costs and 
                        payments related to covered outpatient drugs 
                        and accompanying administrative services (as 
                        described in clause (ii)) incurred, received, 
                        or made by the entity or the PBM, broken down 
                        (as specified by the Secretary), to the extent 
                        such costs and payments are attributable to an 
                        individual covered outpatient drug, by each 
                        such drug, including any ingredient costs, 
                        professional dispensing fees, administrative 
                        fees (as described in clause (ii)), post-sale 
                        and post-invoice fees, discounts, or related 
                        adjustments such as direct and indirect 
                        remuneration fees, and any and all other 
                        remuneration, as defined by the Secretary; and
                            ``(iv) any form of spread pricing whereby 
                        any amount charged or claimed by the entity or 
                        the PBM (as applicable) that exceeds the amount 
                        paid to the pharmacies or providers on behalf 
                        of the State or entity, including any post-sale 
                        or post-invoice fees, discounts, or related 
                        adjustments such as direct and indirect 
                        remuneration fees or assessments, as defined by 
                        the Secretary (after allowing for an 
                        administrative fee as described in clause 
                        (ii)), is not allowable for purposes of 
                        claiming Federal matching payments under this 
                        title.
                    ``(B) Publication of information.--The Secretary 
                shall publish, not less frequently than on an annual 
                basis and in a manner that does not disclose the 
                identity of a particular covered entity or 
                organization, information received by the Secretary 
                pursuant to subparagraph (A)(iii)(III) that is broken 
                out by State and by each of the following categories of 
                covered entity within each such State:
                            ``(i) Covered entities described in 
                        subparagraph (A) of section 340B(a)(4) of the 
                        Public Health Service Act.
                            ``(ii) Covered entities described in 
                        subparagraphs (B) through (K) of such section.
                            ``(iii) Covered entities described in 
                        subparagraph (L) of such section.
                            ``(iv) Covered entities described in 
                        subparagraph (M) of such section.
                            ``(v) Covered entities described in 
                        subparagraph (N) of such section.
                            ``(vi) Covered entities described in 
                        subparagraph (O) of such section.''; and
            (2) in subsection (k), as amended by section 701(b), by 
        adding at the end the following new paragraph:
            ``(14) Pharmacy benefit manager.--The term `pharmacy 
        benefit manager' means any person or entity that, either 
        directly or through an intermediary, acts as a price negotiator 
        or group purchaser on behalf of a State, managed care entity 
        (as defined in section 1903(m)(9)(D)), or other specified 
        entity (as so defined), or manages the prescription drug 
        benefits provided by a State, managed care entity, or other 
        specified entity, including the processing and payment of 
        claims for prescription drugs, the performance of drug 
        utilization review, the processing of drug prior authorization 
        requests, the managing of appeals or grievances related to the 
        prescription drug benefits, contracting with pharmacies, 
        controlling the cost of covered outpatient drugs, or the 
        provision of services related thereto. Such term includes any 
        person or entity that acts as a price negotiator (with regard 
        to payment amounts to pharmacies and providers for a covered 
        outpatient drug or the net cost of the drug) or group purchaser 
        on behalf of a State, managed care entity, or other specified 
        entity or that carries out 1 or more of the other activities 
        described in the preceding sentence, irrespective of whether 
        such person or entity calls itself a pharmacy benefit 
        manager.''.
    (b) Conforming Amendments.--Section 1903(m) of such Act (42 U.S.C. 
1396b(m)) is amended--
            (1) in paragraph (2)(A)(xiii)--
                    (A) by striking ``and (III)'' and inserting 
                ``(III)'';
                    (B) by inserting before the period at the end the 
                following: ``, and (IV) if the contract includes 
                provisions making the entity responsible for coverage 
                of covered outpatient drugs, the entity shall comply 
                with the requirements of section 1927(e)(6)''; and
                    (C) by moving the margin 2 ems to the left; and
            (2) by adding at the end the following new paragraph:
            ``(10) No payment shall be made under this title to a State 
        with respect to expenditures incurred by the State for payment 
        for services provided by an other specified entity (as defined 
        in paragraph (9)(D)(iii)) unless such services are provided in 
        accordance with a contract between the State and such entity 
        which satisfies the requirements of paragraph (2)(A)(xiii).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to contracts between States and managed care entities, other 
specified entities, or pharmacy benefit managers that have an effective 
date beginning on or after the date that is 18 months after the date of 
enactment of this Act.
    (d) Implementation.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Health and Human Services may implement 
        the amendments made by this section by program instruction or 
        otherwise.
            (2) Nonapplication of administrative procedure act.--
        Implementation of the amendments made by this section shall be 
        exempt from the requirements of section 553 of title 5, United 
        States Code.
    (e) Nonapplication of Paperwork Reduction Act.--Chapter 35 of title 
44, United States Code, shall not apply to any data collection 
undertaken by the Secretary of Health and Human Services under section 
1927(e) of the Social Security Act (42 U.S.C. 1396r-8(e)), as amended 
by this section.
                                 <all>