29 U.S.C. § 1185n

Reporting on pharmacy benefits and drug costs

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(a) In generalNot later than 1 year after December 27, 2020, and not later than June 1 of each year thereafter, a group health plan (or health insurance coverage offered in connection with such a plan) shall submit to the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury the following information with respect to the health plan or coverage in the previous plan year:(1) The beginning and end dates of the plan year.(2) The number of participants and beneficiaries.(3) Each State in which the plan or coverage is offered.(4) The 50 brand prescription drugs most frequently dispensed by pharmacies for claims paid by the plan or coverage, and the total number of paid claims for each such drug.(5) The 50 most costly prescription drugs with respect to the plan or coverage by total annual spending, and the annual amount spent by the plan or coverage for each such drug.(6) The 50 prescription drugs with the greatest increase in plan expenditures over the plan year preceding the plan year that is the subject of the report, and, for each such drug, the change in amounts expended by the plan or coverage in each such plan year.(7) Total spending on health care services by such group health plan or health insurance coverage, broken down by—(A) the type of costs, including—(i) hospital costs;(ii) health care provider and clinical service costs, for primary care and specialty care separately;(iii) costs for prescription drugs; and(iv) other medical costs, including wellness services; and(B) spending on prescription drugs by—(i) the health plan or coverage; and(ii) the participants and beneficiaries.(8) The average monthly premium—(A) paid by employers on behalf of participants and beneficiaries, as applicable; and(B) paid by participants and beneficiaries.(9) Any impact on premiums by rebates, fees, and any other remuneration paid by drug manufacturers to the plan or coverage or its administrators or service providers, with respect to prescription drugs prescribed to participants or beneficiaries in the plan or coverage, including—(A) the amounts so paid for each therapeutic class of drugs; and(B) the amounts so paid for each of the 25 drugs that yielded the highest amount of rebates and other remuneration under the plan or coverage from drug manufacturers during the plan year.(10) Any reduction in premiums and out-of-pocket costs associated with rebates, fees, or other remuneration described in paragraph (9).(b) Report

Not later than 18 months after the date on which the first report is required under subsection (a) and biannually thereafter, the Secretary, acting in coordination with the Inspector General of the Department of Labor, shall make available on the internet website of the Department of Labor a report on prescription drug reimbursements under group health plans (or health insurance coverage offered in connection with such a plan), prescription drug pricing trends, and the role of prescription drug costs in contributing to premium increases or decreases under such plans or coverage, aggregated in such a way as no drug or plan specific information will be made public.

No confidential or trade secret information submitted to the Secretary under subsection (a) shall be included in the report under subsection (b).

(Pub. L. 93–406, title I, § 725, as added Pub. L. 116–260, div. BB, title II, § 204(b), Dec. 27, 2020, 134 Stat. 2919.)

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: United States ex rel. Shannon Martin, M.D. v. Darren Hathaway, 63 F.4th 1043 (6th Cir. 2023).

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United States ex rel. Shannon Martin, M.D. v. Darren Hathaway, 63 F.4th 1043 (6th Cir. 2023). “§ 4960 (c)(3) (defining remuneration as wages); 29 U.S.C. § 1185n(a)(9) (requiring group health plans to annually submit a report on “[a]ny impact on premiums by rebates, fees, and any other remuneration paid by drug manufacturers to the plan”).”

— 29 U.S.C. § 1185n(a)(9) — 1 case

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