Data reporting for transparency

Section 340B(d) of the Public Health Service Act (42 U.S.C. 256b(d)) is amended by adding at the end the following: (5) Reporting of program savings (A) In general Not later than 1 year after the date of enactment of this paragraph, and annually thereafter, each covered entity shall report to the Secretary, as an addendum to the Medicare cost report most recently submitted by such entity, or in the case of a covered entity that does not submit a Medicare cost report, by direct report to the Secretary, the following information with respect to the entity, including all sites and contract pharmacy arrangements of the entity, for the preceding year: (i) The total number of individuals who were dispensed or administered covered outpatient drugs purchased under this section during such preceding year that were subject to an agreement under subsection (a)(1). (ii) The total number of prescriptions filled with covered outpatient drugs purchased under this section and billed to insurance, organized by type of health insurance coverage (as specified by the Secretary through notice and comment rulemaking, including by the Medicare program under title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, the Children’s Health Insurance Program under title XXI of such Act, health insurance coverage offered in the individual or group market or a group health plan (as such terms are defined in section 2791), and uninsured). (iii) (I) The cost incurred at each site for charity care, based on the charity care level of the covered entity, defined as a fraction, the numerator of which is the amount of charity care reported on worksheet S–10 of the Medicare cost report (or any successor), and the denominator of which is the total operating cost of the hospital, as reported for the most recent cost reporting period; or (II) in the case of a covered entity that is not required to submit a Medicare cost report that indicates charity care levels, a qualitative description of the charity care provided by such entity, in the aggregate, in such manner that is not overly burdensome to covered entities, as the Secretary may require through notice and comment rulemaking. (iv) A description of the covered entity’s use of the savings received through participation in the drug discount program under this section, including a description of health care services or health-related benefits used to benefit the patients and communities served by the covered entity, delineated by categories of services and benefits and populations served, including such services and benefits provided to underserved and uninsured patients and communities. (v) The financial demographics of patients of the covered entity, including— (I) the percentage of patients eligible for financial assistance programs and sliding scale fees; (II) the percentage of patients who reside in a health professional shortage area (as defined in section 332) or a medically underserved community (as defined in section 799B), or who are part of a medically underserved population (as defined in section 330(b)(3)), and the percentage of uninsured patients; (III) the percentage patients who are Medicaid beneficiaries; (IV) the percentage of patients who are Children’s Health Insurance Program beneficiaries; (V) to the extent data are available, the percentage of patients earning below each of each of the following levels of the Federal Poverty Level: 100 percent, 200 percent, 300 percent, and 400 percent; and (VI) the number of patients who receive assistance from another party in paying for a prescription drug and the mean amount of discount or benefit received. (vi) Policies of the covered entity to— (I) promote access and adherence to prescribed medications; and (II) promote access to prescription medicines for patients earning under 200 percent of the Federal Poverty Level. (vii) In the case of a nongovernmental hospital, any contracts between such hospital and a State or local governmental entity, and any modifications to any such contract. (viii) Any third-party administrators in contract with the covered entity for the administration of the drug discount program. (ix) The funding shortfall for the covered entity attributable to services provided to Medicare and Medicaid beneficiaries, as reported on the Internal Revenue Service Form 990. (x) The number of patients using the outpatient services of the covered entity. (xi) Operation costs to the covered entity related to the drug discount program under this section. (xii) The names and addresses of all contract pharmacy locations. (xii) Utilization rates of outpatient hospital services furnished to patients earning below each of the following level of the Federal Poverty Level: 100 percent, 200 percent, 300 percent, and 400 percent. (B) Records retention Covered entities shall retain such records for a period of at least 3 years and provide such records and reports pursuant to standards established by the Secretary through notice and comment rulemaking for purposes of carrying out this paragraph. (C) Availability of information (i) In general Not later than 30 days after receiving the information reported by covered entities under subparagraph (A), the Secretary shall publish such information on the public website of the Department of Health and Human Services, which may include the website of the 340B Office of Pharmacy Affairs Information System (or a successor to such system). (ii) Format Data published under clause (i) shall be published in an electronic and searchable format that shows each category of data reported both in the aggregate and identified by individual covered entity(ies) described in subsection (a)(4). In carrying out this paragraph, with respect to data reported pursuant to subparagraph (A), the Secretary shall ensure that any proprietary information be redacted from contracts submitted pursuant to paragraph (5)(A)(vii) before posting such contracts. (D) Reports to congress Not later than 1 year after the date of the enactment of this subparagraph, and annually thereafter, the Secretary shall submit a report to Congress on the information collected under subparagraph (A). (E) Regulations The Secretary shall promulgate regulations to carry out this paragraph..