Title 29LaborRelease 119-73

§1185n Reporting on pharmacy benefits and drug costs

Title 29 › Chapter CHAPTER 18— - EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER I— - PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— - Regulatory Provisions › Part part 7— - group health plan requirements › Subpart Subpart B— - Other Requirements › § 1185n

Last updated Apr 6, 2026|Official source

Summary

Group health plans and their insurers must send yearly reports to the Secretaries of Labor, Health and Human Services, and the Treasury. The first report was due no later than 1 year after December 27, 2020, and then by June 1 each year after that. The report must say the plan year start and end dates, how many people the plan covers, which States the plan is offered in, the 50 prescription drugs most often paid for and how many claims each had, the 50 drugs with the highest total spending and how much was spent on each, the 50 drugs with the biggest increase in spending compared to the prior year and the dollar change, total health care spending broken into hospital care, provider/clinical care (separating primary and specialty), prescription drugs, and other medical costs (including wellness), prescription drug spending split between the plan and the people covered, average monthly premiums paid by employers and by participants, how rebates, fees, or other payments from drug makers affected premiums (amounts by drug class and the 25 drugs with the largest payments), and any drop in premiums or out-of-pocket costs tied to those payments. Eighteen months after the first report and every two years after that, the Department of Labor will post a public, aggregated internet report about drug reimbursements, pricing trends, and how drug costs affect premiums. The public report will not include confidential or trade-secret information, and it will not reveal any plan- or drug-specific data.

Full Legal Text

Title 29, §1185n

Labor — Source: USLM XML via OLRC

(a)Not later than 1 year after December 27, 2020, and not later than June 1 of each year thereafter, a group health plan (or health insurance coverage offered in connection with such a plan) shall submit to the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury the following information with respect to the health plan or coverage 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 or coverage is offered.
(4)The 50 brand prescription drugs most frequently dispensed by pharmacies for claims paid by the plan or coverage, and the total number of paid claims for each such drug.
(5)The 50 most costly prescription drugs with respect to the plan or coverage by total annual spending, and the annual amount spent by the plan or coverage 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 or coverage in each such plan year.
(7)Total spending on health care services by such group health plan or health insurance coverage, 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 or coverage; 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 coverage or its administrators or service providers, with respect to prescription drugs prescribed to participants or beneficiaries in the plan or coverage, 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 or coverage 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 Labor, shall make available on the internet website of the Department of Labor a report on prescription drug reimbursements under group health plans (or health insurance coverage offered in connection with such a plan), prescription drug pricing trends, and the role of prescription drug costs in contributing to premium increases or decreases under such plans or coverage, 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).

Reference

Citations & Metadata

Citation

29 U.S.C. § 1185n

Title 29Labor

Last Updated

Apr 6, 2026

Release point: 119-73