H.R. 5378 · 118th Congress · House

Lower Costs, More Transparency Act

In Congress· Motion to reconsider laid on the table Agreed to without objection.
Introduced
Sep 8, 23
Passed House
Dec 11, 23
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Lower Costs, More Transparency Act

This bill requires health care providers and insurers to disclose certain information about health care costs. It also establishes requirements for certain payment methodologies under Medicare and Medicaid and extends several public health programs.

For example, the bill provides statutory authority for regulations that require hospitals to annually publish their prices and related information, including the discounted cash price and negotiated charges. The bill also specifically extends these requirements to clinical laboratories, imaging service providers, and ambulatory surgical centers that participate in Medicare. Additionally, pharmacy benefit managers (PBMs) must semiannually report to health plan sponsors certain information on spending, rebates, and fees that are associated with covered drugs. Contracts with PBMs for employer-sponsored health plans must also allow health plan fiduciaries to audit certain claims and cost information without undue restrictions.

In addition, the bill requires pass-through pricing models, and prohibits spread-pricing, for payment arrangements with PBMs under Medicaid. It also requires Medicare payments for certain drug administration services at off-campus hospital outpatient departments to be the same as that for other provider settings (i.e., physician offices).

The bill provides funds for the Department of Health and Human Services, the Department of Treasury, and the Department of Labor to implement and enforce the bill's requirements.

Finally, the bill extends several public health programs, including the Teaching Health Center Graduate Medical Education Program (through FY2030) and the National Health Service Corps (through December 31, 2025).

Previous Versions

00Sep 8, 2023

Lower Costs, More Transparency Act

This bill requires health care providers and insurers to disclose certain information about health care costs. It also establishes requirements for certain payment methodologies under Medicare and Medicaid and extends several public health programs.

For example, the bill provides statutory authority for regulations that require hospitals to annually publish their prices and related information, including the discounted cash price and negotiated charges. The bill also specifically extends these requirements to clinical laboratories, imaging service providers, and ambulatory surgical centers that participate in Medicare. Additionally, pharmacy benefit managers (PBMs) must semiannually report to health plan sponsors on the number and types of claims for covered drugs, including whether the drugs were brand-name or generic drugs and associated costs. Contracts with PBMs for employer-sponsored health plans must also allow health plan fiduciaries to audit certain claims and cost information without undue restrictions.

In addition, the bill requires pass-through pricing models, and prohibits spread-pricing, for payment arrangements with PBMs under Medicaid. It also requires Medicare payments for certain drug administration services at off-campus hospital outpatient departments to be the same as that for other provider settings (i.e., physician offices).

The bill provides funds for the Department of Health and Human Services, the Department of Treasury, and the Department of Labor to implement and enforce the bill's requirements.

Finally, the bill extends several public health programs, including the Teaching Health Center Graduate Medical Education Program (through FY2030) and the National Health Service Corps (through December 31, 2025).

Action Timeline

14
  1. DEC 11, 2023Floor

    Mrs

    Rodgers (WA) moved to suspend the rules and pass the bill, as amended.

  2. DEC 11, 2023Floor

    Considered under suspension of the rules

    (consideration: CR H6762-6789)

    6762Yea
    6789Nay
    0NV
  3. DEC 11, 2023Floor

    DEBATE - The House proceeded with forty minutes of debate on H.R. 5378.

  4. DEC 11, 2023Floor

    At the conclusion of debate, the Yeas and Nays were demanded and ordered

    Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

  5. DEC 11, 2023Floor

    Considered as unfinished business

    (consideration: CR H6801-6802)

    6801Yea
    6802Nay
    0NV
  6. DEC 11, 2023Floor

    Passed/agreed to in House

    Roll Call #708

    On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 320 - 71, 1 Present (Roll no. 708). (text: CR H6762-6785)

    320Yea
    71Nay
    0NV
  7. DEC 11, 2023Floor

    On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 320 - 71, 1 Present (Roll no. 708). (text: CR H6762-6785)

    Roll Call #708
    320Yea
    71Nay
    0NV
  8. DEC 11, 2023Floor

    Motion to reconsider laid on the table Agreed to without objection.

  9. SEP 15, 2023Committee

    Referred to the Subcommittee on Health.

  10. SEP 08, 2023IntroReferral

    Introduced in House

  11. SEP 08, 2023IntroReferral

    Introduced in House

  12. SEP 08, 2023IntroReferral

    Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  13. SEP 08, 2023IntroReferral

    Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  14. SEP 08, 2023IntroReferral

    Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Committees

4

Health Subcommittee

hsif14

Referred: Sep 15, 2023

Active

Education and Workforce Committee

hsed00

Referred: Sep 8, 2023

Active

Ways and Means Committee

hswm00

Referred: Sep 8, 2023

Active

Energy and Commerce Committee

hsif00

Referred: Sep 8, 2023

Active