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118th Congress Health

H.R. 5378: Lower Costs, More Transparency Act

Passed HouseDec 11, 2023

  1. Introduced (completed)Sep 8, 2023
  2. Passed House (completed)Dec 11, 2023, 320–71
  3. Passed Senate (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Passed House, Dec 11, 2023

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).

Read the full summary

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).

Written by the Congressional Research Service, Library of Congress.

Key votes

House final vote, Dec 11, 2023

On Motion to Suspend the Rules and Pass, as Amended

Passed 320–71

Yea 320two-thirds 261Nay 71

  • Democrats154 yea, 31 nay
  • Republicans165 yea, 40 nay
  • Independents1 yea, 0 nay

Broke with their party: Ritchie Torres (D-NY), Mike Thompson (D-CA), Thomas Tiffany (R-WI), Keith Self (R-TX), Pete Stauber (R-MN), Mary Scanlon (D-PA), Terri Sewell (D-AL), David Schweikert (R-AZ), Linda Sánchez (D-CA) and Adam Schiff (D-CA) voted Nay; and 61 more

See how all 392 members voted

Showing 433 of 433 members

Yea 320

Republicans (165)

Democrats (154)

Independents (1)

Nay 71

Present 1

Democrats (1)

Not voting 41

Senate

Not yet voted

Passed the House Dec 11, 2023. Awaiting Senate action.

Roll calls

1 vote on this bill

Showing 1 of 1 roll calls

  • Dec 11, 2023HouseOn Motion to Suspend the Rules and Pass, as AmendedFinal passagePassed, yea-nay 320–71
    Roll call 708 tally by party
    PartyYeaNayPresentNot voting
    Democrats15431127
    Republicans16540014
    Independents1000
    Total32071141

    House roll call 708: On Motion to Suspend the Rules and Pass, as Amended. Passed.

    71 crossed party lines: 31 Democrats, 40 Republicans

    How each member voted (433)

Amendments

0 offered

No amendments were offered to this bill.

Cosponsors

3

Bipartisan support.

Who scored on this bill

474 points earned
  1. 1Cathy McMorris Rodgers R-WA SponsorDrew cross-party cosponsors, introduced, passed House3 events+36
  2. 2Pete Aguilar D-CA1 maverick vote1 event+6
  3. 2Donald Beyer D-VA1 maverick vote1 event+6
  4. 2Andy Biggs R-AZ1 maverick vote1 event+6
  5. 2Dan Bishop R-NC1 maverick vote1 event+6
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by Cathy McMorris Rodgers

History

  1. Dec 11, 2023Passed the House, 320–71.
  2. Sep 8, 2023Introduced in the House by Cathy McMorris Rodgers.
Show the full action history (11 actions)
  1. Dec 11, 2023Mrs. Rodgers (WA) moved to suspend the rules and pass the bill, as amended.
  2. Dec 11, 2023Considered under suspension of the rules. (consideration: CR H6762-6789)
  3. Dec 11, 2023DEBATE - The House proceeded with forty minutes of debate on H.R. 5378.
  4. Dec 11, 2023At 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.
  5. Dec 11, 2023Considered as unfinished business. (consideration: CR H6801-6802)
  6. Dec 11, 2023Passed/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)
  7. Dec 11, 2023On 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)
  8. Dec 11, 2023Motion to reconsider laid on the table Agreed to without objection.
  9. Sep 15, 2023Referred to the Subcommittee on Health.
  10. Sep 8, 2023Introduced in House
  11. Sep 8, 2023Referred 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.