Page:United States Statutes at Large Volume 124.djvu/724

 124 STAT. 698 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(B) any other category of information determined appropriate by the Secretary. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) APPLICABLE DRUG.—The term ‘applicable drug’ means a drug— ‘‘(A) which is subject to subsection (b) of such section 503; and ‘‘(B) for which payment is available under title XVIII or a State plan under title XIX or XXI (or a waiver of such a plan). ‘‘(2) AUTHORIZED DISTRIBUTOR OF RECORD.—The term ‘authorized distributor of record’ has the meaning given that term in subsection (e)(3)(A) of such section. ‘‘(3) MANUFACTURER.—The term ‘manufacturer’ has the meaning given that term for purposes of subsection (d) of such section.’’. SEC. 6005. PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIRE- MENTS. Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1150 the following new section: ‘‘SEC. 1150A. PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIREMENTS. ‘‘(a) PROVISION OF INFORMATION.—A health benefits plan or any entity that provides pharmacy benefits management services on behalf of a health benefits plan (in this section referred to as a ‘PBM’) that manages prescription drug coverage under a con- tract with— ‘‘(1) a PDP sponsor of a prescription drug plan or an MA organization offering an MA–PD plan under part D of title XVIII; or ‘‘(2) a qualified health benefits plan offered through an exchange established by a State under section 1311 of the Patient Protection and Affordable Care Act, shall provide the information described in subsection (b) to the Secretary and, in the case of a PBM, to the plan with which the PBM is under contract with, at such times, and in such form and manner, as the Secretary shall specify. ‘‘(b) INFORMATION DESCRIBED.—The information described in this subsection is the following with respect to services provided by a health benefits plan or PBM for a contract year: ‘‘(1) The percentage of all prescriptions that were provided through retail pharmacies compared to mail order pharmacies, and the percentage of prescriptions for which a generic drug was available and dispensed (generic dispensing rate), by phar- macy type (which includes an independent pharmacy, chain pharmacy, supermarket pharmacy, or mass merchandiser phar- macy that is licensed as a pharmacy by the State and that dispenses medication to the general public), that is paid by the health benefits plan or PBM under the contract. ‘‘(2) The aggregate amount, and the type of rebates, dis- counts, or price concessions (excluding bona fide service fees, which include but are not limited to distribution service fees, inventory management fees, product stocking allowances, and fees associated with administrative services agreements and patient care programs (such as medication compliance programs 42 USC 1320b–23.