Page:United States Statutes at Large Volume 124.djvu/725

 124 STAT. 699 PUBLIC LAW 111–148—MAR. 23, 2010 and patient education programs)) that the PBM negotiates that are attributable to patient utilization under the plan, and the aggregate amount of the rebates, discounts, or price concessions that are passed through to the plan sponsor, and the total number of prescriptions that were dispensed. ‘‘(3) The aggregate amount of the difference between the amount the health benefits plan pays the PBM and the amount that the PBM pays retail pharmacies, and mail order phar- macies, and the total number of prescriptions that were dis- pensed. ‘‘(c) CONFIDENTIALITY.—Information disclosed by a health bene- fits plan or PBM under this section is confidential and shall not be disclosed by the Secretary or by a plan receiving the information, except that the Secretary may disclose the information in a form which does not disclose the identity of a specific PBM, plan, or prices charged for drugs, for the following purposes: ‘‘(1) As the Secretary determines to be necessary to carry out this section or part D of title XVIII. ‘‘(2) To permit the Comptroller General to review the information provided. ‘‘(3) To permit the Director of the Congressional Budget Office to review the information provided. ‘‘(4) To States to carry out section 1311 of the Patient Protection and Affordable Care Act. ‘‘(d) PENALTIES.—The provisions of subsection (b)(3)(C) of sec- tion 1927 shall apply to a health benefits plan or PBM that fails to provide information required under subsection (a) on a timely basis or that knowingly provides false information in the same manner as such provisions apply to a manufacturer with an agree- ment under that section.’’. Subtitle B—Nursing Home Transparency and Improvement PART I—IMPROVING TRANSPARENCY OF INFORMATION SEC. 6101. REQUIRED DISCLOSURE OF OWNERSHIP AND ADDITIONAL DISCLOSABLE PARTIES INFORMATION. (a) IN GENERAL.—Section 1124 of the Social Security Act (42 U.S.C. 1320a–3) is amended by adding at the end the following new subsection: ‘‘(c) REQUIRED DISCLOSURE OF OWNERSHIP AND ADDITIONAL DISCLOSABLE PARTIES INFORMATION.— ‘‘(1) DISCLOSURE.—A facility shall have the information described in paragraph (2) available— ‘‘(A) during the period beginning on the date of the enactment of this subsection and ending on the date such information is made available to the public under section 6101(b) of the Patient Protection and Affordable Care Act for submission to the Secretary, the Inspector General of the Department of Health and Human Services, the State in which the facility is located, and the State long-term care ombudsman in the case where the Secretary, the Time period. Applicability.