Senate Introduces Price Transparency Bill but Leaves Out Site Neutrality

A bipartisan group of senators has introduced price transparency legislation crafted by the Committee on Health, Education, Labor and Pensions (HELP) that would require plans and providers to publish all of their negotiated rates, codify the Transparency in Coverage (TiC) rule, make data-sharing rules more specific and stringent, and increase fines for noncompliance with data sharing requirements. However, the legislation does not include any site neutrality requirements, although one D.C. insider says that policy is still under discussion in the Senate. 

The Senate bill, S-3548, comes on the heels of the House of Representatives passing the Lower Costs, More Transparency Act in December. The House bill would also codify the TiC rule, make data-sharing requirements stricter and increase fines for noncompliance to as much as $10 million. However, unlike the Senate bill, the House bill would include a tentative step toward site neutrality by barring providers from charging facility fees to Medicare for provider-administered drugs given to patients in outpatient departments. The new Senate bill also does not include any PBM reforms — the Senate Finance Committee has taken the lead on that issue.