Lower Costs, More Transparency Act
Where it stands
- Introduced9/8/23
- Passed HousePassed 12/11/23
- Senate
- President
- Law
Passed the House 320–71 on December 11, 2023 (Roll Call 708 →).
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Roll calls on this bill
- Democratic154 Yea · 31 Nay · 1 Present · 27 Not voting
- Republican166 Yea · 40 Nay · 0 Present · 14 Not voting
- Independent / Other0 Yea · 0 Nay · 0 Present · 0 Not voting
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).
What happens next
The Senate must pass the same text, then it goes to the President.
If it isn't enacted by Jan 3, 2025, it expires when the 118th Congress ends.
All actions (11)
- 9/8/23Introduced in House
- 9/8/23Referred 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.
- 9/15/23Referred to the Subcommittee on Health.
- 12/11/23Mrs. Rodgers (WA) moved to suspend the rules and pass the bill, as amended.
- 12/11/23Considered under suspension of the rules. (consideration: CR H6762-6789)
- 12/11/23DEBATE - The House proceeded with forty minutes of debate on H.R. 5378.
- 12/11/23At 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.
- 12/11/23Considered as unfinished business. (consideration: CR H6801-6802)
- 12/11/23Passed/agreed to in House: 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)
- 12/11/23On 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)
- 12/11/23Motion to reconsider laid on the table Agreed to without objection.