Full rebate on insulin pass-through to plan

(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 101, is further amended by adding at the end the following: 2799A–13. Full rebate on insulin pass-through to plan (a) In general A pharmacy benefits manager, a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefits management services under such health plan or health insurance coverage shall remit 100 percent of rebates, fees, alternative discounts, and all other remuneration received from a pharmaceutical manufacturer, distributor or any other third party, that are related to utilization of insulin under such health plan or health insurance coverage, to the group health plan. (b) Form and manner of remittance Such rebates, fees, alternative discounts, and other remuneration shall be— (1) remitted to the group health plan in a timely fashion after the period for which such rebates, fees, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (2) fully disclosed and enumerated to the group health plan sponsor; and (3) available for audit by the plan sponsor, or a third-party designated by a plan sponsor no less than once per plan year.. (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 101, is further amended by adding at the end the following: 728. Full rebate on insulin pass-through to plan (a) In general A pharmacy benefits manager, a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefits management services under such health plan or health insurance coverage shall remit 100 percent of rebates, fees, alternative discounts, and all other remuneration received from a pharmaceutical manufacturer, distributor or any other third party, that are related to utilization of insulin under such health plan or health insurance coverage, to the group health plan. (b) Form and manner of remittance Such rebates, fees, alternative discounts, and other remuneration shall be— (1) remitted to the group health plan in a timely fashion after the period for which such rebates, fees, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (2) fully disclosed and enumerated to the group health plan sponsor; and (3) available for audit by the plan sponsor, or a third-party designated by a plan sponsor no less than once per plan year.. (2) 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.), as amended by section 101, is further amended by inserting after the item relating to section 727 the following: Sec. 728. Full rebate on insulin pass-through to plan.. (c) Internal Revenue Code (1) In general Subchapter B of chapter 100 of the Internal Revenue Code of 1986, as amended by section 101, is further amended by adding at the end the following new section: 9828. Full rebate on insulin pass-through to plan (a) In general A pharmacy benefits manager, a third-party administrator of a group health plan, or an entity providing pharmacy benefits management services under such health plan shall remit 100 percent of rebates, fees, alternative discounts, and all other remuneration received from a pharmaceutical manufacturer, distributor or any other third party, that are related to utilization of insulin under such health plan, to the group health plan. (b) Form and manner of remittance Such rebates, fees, alternative discounts, and other remuneration shall be— (1) remitted to the group health plan in a timely fashion after the period for which such rebates, fees, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (2) fully disclosed and enumerated to the group health plan sponsor; and (3) available for audit by the plan sponsor, or a third-party designated by a plan sponsor no less than once per plan year.. (2) Clerical amendment The table of sections for subchapter B of chapter 100 of such Code, as amended by section 101, is further amended by adding at the end the following new item: Sec. 9828. Full rebate on insulin pass-through to plan..