Title 26Internal Revenue CodeRelease 119-73

§9825 Reporting on pharmacy benefits and drug costs

Title 26 › Subtitle Subtitle K— - Group Health Plan Requirements › Chapter CHAPTER 100— - GROUP HEALTH PLAN REQUIREMENTS › Subchapter Subchapter B— - Other Requirements › § 9825

Last updated Apr 6, 2026|Official source

Summary

Group health plans must send a yearly report to the Treasury Secretary, the Health and Human Services Secretary, and the Labor Secretary. The first report is due within 1 year after the Consolidated Appropriations Act, 2021 became law, and then each year by June 1. The report covers the prior plan year. It must list plan start and end dates, how many people are covered, the states where the plan is offered, the 50 drugs most often dispensed (with claim counts), the 50 drugs with the highest total spending (with amounts), the 50 drugs with the largest spending increases (with the change), total health spending broken into hospital, primary and specialty care, prescription drugs, and other medical costs, drug spending split between the plan and participants, average monthly premiums paid by employers and by participants, how rebates and other payments from drug makers affected premiums (by drug class and for the 25 drugs with the largest payments), and any premium or out-of-pocket reductions from those payments. Eighteen months after the first report, and biannually thereafter, the Treasury must publish an aggregated public report online about drug reimbursements, pricing trends, and how drug costs affect premiums. That public report may not include trade secrets or any confidential information that would identify a specific drug or plan.

Full Legal Text

Title 26, §9825

Internal Revenue Code — Source: USLM XML via OLRC

(a)Not later than 1 year after the date of enactment of the Consolidated Appropriations Act, 2021, and not later than June 1 of each year thereafter, a group health plan shall submit to the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor the following information with respect to the health plan in the previous plan year:
(1)The beginning and end dates of the plan year.
(2)The number of participants and beneficiaries.
(3)Each State in which the plan is offered.
(4)The 50 brand prescription drugs most frequently dispensed by pharmacies for claims paid by the plan, and the total number of paid claims for each such drug.
(5)The 50 most costly prescription drugs with respect to the plan by total annual spending, and the annual amount spent by the plan for each such drug.
(6)The 50 prescription drugs with the greatest increase in plan expenditures over the plan year preceding the plan year that is the subject of the report, and, for each such drug, the change in amounts expended by the plan in each such plan year.
(7)Total spending on health care services by such group health plan, broken down by—
(A)the type of costs, including—
(i)hospital costs;
(ii)health care provider and clinical service costs, for primary care and specialty care separately;
(iii)costs for prescription drugs; and
(iv)other medical costs, including wellness services; and
(B)spending on prescription drugs by—
(i)the health plan; and
(ii)the participants and beneficiaries.
(8)The average monthly premium—
(A)paid by employers on behalf of participants and beneficiaries, as applicable; and
(B)paid by participants and beneficiaries.
(9)Any impact on premiums by rebates, fees, and any other remuneration paid by drug manufacturers to the plan or its administrators or service providers, with respect to prescription drugs prescribed to participants or beneficiaries in the plan, including—
(A)the amounts so paid for each therapeutic class of drugs; and
(B)the amounts so paid for each of the 25 drugs that yielded the highest amount of rebates and other remuneration under the plan from drug manufacturers during the plan year.
(10)Any reduction in premiums and out-of-pocket costs associated with rebates, fees, or other remuneration described in paragraph (9).
(b)Not later than 18 months after the date on which the first report is required under subsection (a) and biannually thereafter, the Secretary, acting in coordination with the Inspector General of the Department of the Treasury, shall make available on the internet website of the Department of the Treasury a report on prescription drug reimbursements under group health plans, prescription drug pricing trends, and the role of prescription drug costs in contributing to premium increases or decreases under such plans, aggregated in such a way as no drug or plan specific information will be made public.
(c)No confidential or trade secret information submitted to the Secretary under subsection (a) shall be included in the report under subsection (b).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the Consolidated Appropriations Act, 2021, referred to in subsec. (a), is the date of enactment of Pub. L. 116–260, which was approved Dec. 27, 2020.

Reference

Citations & Metadata

Citation

26 U.S.C. § 9825

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73