Sec. 502. GAO study and report on average sales price
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The Comptroller General of the United States (in this section referred to as the Comptroller General ) shall conduct a study on spending for applicable drugs under part B of title XVIII of the Social Security Act. In this section, the term applicable drugs means drugs and biologicals— for which reimbursement under such part B is based on the average sales price of the drug or biological; and that account for the largest percentage of total spending on drugs and biologicals under such part B (as determined by the Comptroller General, but in no case less than 25 drugs or biologicals). The study under paragraph
(1)shall include an analysis of the following: The extent to which each applicable drug is paid for— under such part B for Medicare beneficiaries; or by private payers in the commercial market. Any change in Medicare spending or Medicare beneficiary cost-sharing that would occur if the average sales price of an applicable drug was based solely on payments by private payers in the commercial market. The extent to which drug manufacturers provide rebates, discounts, or other price concessions to private payers in the commercial market for applicable drugs, which the manufacturer includes in its average sales price calculation, for— formulary placement; utilization management considerations; or other purposes. Barriers to drug manufacturers providing such price concessions for applicable drugs. Other areas determined appropriate by the Comptroller General. Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Secretary determines appropriate.