Friday, June 30, 2017

Gadolinium Build Up


Gadolinium Builds Even in Normal Brains

Underlying brain pathology may not be culprit in buildup after contrast MRI

Action Points

Gadolinium from imaging contrast agents sticks to neural tissues even in patients who don't have intracranial abnormalities, according to a small, single-center, retrospective study.
In a postmortem study comparing tissues from the brains of five patients who had several magnetic resonance imaging (MRI) scans using gadolinium with 10 patients who had MRIs without contrast, elemental gadolinium was detected in four neuroanatomic regions of all five patients, with concentrations ranging from 0.1 to 19.4 mcg per gram of tissue, Robert McDonald, MD, PhD, of the Mayo Clinic in Rochester, Minn., and colleagues reported online in Radiology. No gadolinium was detected in the brains of controls.
"Our results suggest that current thinking with regard to the permeability of the blood brain barrier is greatly oversimplified, as gadolinium appears to accumulate even among patients with normal brain tissue and no history of intracranial pathology," McDonald said in a statement. "It will take additional research to understand how and why this deposition is occurring."
The authors were quick to note, however, that they did not find any histologic changes that suggested toxicity. However, further investigation is needed, they said, "in light of the cytotoxic and genotoxic potential of free lanthanide rare earth metals."
Just last month, the FDA similarly concluded that there are no adverse health effects from gadolinium retained in the brain after contrast MRI, so restricting use of the agent is not warranted. But the agency said it would have a public meeting on the issue in the future.
McDonald and colleagues said their study bolsters previous research in patients who have intracranial abnormalities -- underlying brain pathology such as a tumor or infection that was thought to be the culprit behind gadolinium buildup.
But in the McDonald et al study, the researchers assessed patients who had contrast MRI mainly for gut imaging, to test the hypothesis that gadolinium accumulation would occur in those with normal brains, too, as some recent evidence has suggested.
The team studied postmortem neuronal tissue samples from five patients who had four to 18 gadolinium-enhancing MRI scans between 2005 and 2015 and 10 patients who had MRI scans without the agent (none had neurologic symptoms, and imaging was mainly for intraabdominal or intrapelvic disease). The tissue was studied with electron microscopy, mass spectroscopy, and x-ray spectroscopy. The median age at the time of death was 68 in the contrast MRI group and 79 in the control group.
Overall, McDonald and colleagues found dose-dependent gadolinium deposits in four neuroanatomical brain regions in those who had contrast MRI, with concentrations ranging from 0.1 to 19.4 mcg of gadolinium per gram of tissue. These were highest in the globus pallidus and in the dentate nucleus.
None of the patients in the control group had detectable levels of elemental gadolinium.
Both the globus pallidus and the dentate nucleus are prone to mineralization and hemorrhage, which "may suggest that parts of the brain may have a less robust barrier and may be more susceptible to this deposition," McDonald explained. In addition, gadolinium is similar to calcium in size and charge, so the body may mistake it for the endogenous metal, which is often taken up in areas of brain as patients age.
Regarding study limitations, the researchers noted the small number of patients, so it was not possible to analyze the data with multivariate methods. In addition, the findings are not applicable to more stable macrocyclic gadolinium chelates, since gadodiamide was the only contrast agent used.
Implications for MS Patients?
Patients with multiple sclerosis (MS) have long been raising questions about frequent contrast-enhancing brain scans, but MS experts contacted by MedPage Today said the new results don't have any impact on current practice -- notably because the data are from people without underlying brain pathology.
For example, John Corboy, MD, of the University of Colorado in Denver, noted that clinicians try to limit the use of gadolinium because of a lack of complete understanding of the potential risks, the cost, and the side effects, since some patients get a distinct taste in their mouth and others have a true allergy.
"In a stable [MS] patient, it does not add that much info, especially in older stable patients," Corboy said of gadolinium-enhancing scans. "So, we use them for diagnosis, for clinical changes, and to rule out other pathology as needed -- for example, a brain tumor. Otherwise, we try to avoid it. We can also use different dyes that have lesser risks of being taken up in brain or other tissues."
Fred Lublin, MD, director of the Center for Multiple Sclerosis at Mount Sinai Medical Center in New York City, agreed that the data will not change practice: "While there is currently no evidence of any harmful effects of retained gadolinium, since this issue has arisen, we now determine on each ordered scan whether gadolinium is needed," he said

Wednesday, June 28, 2017

Senator Casey Responds

I sent the letter linked here TO SENATORS CASEY & TOOMEY. Senator Casey responded June 27 with the following:

Dear Mr. Austin:

In the past you have contacted my office regarding efforts to repeal the Patient Protection and Affordable Care Act (ACA). I write today to update you on recent developments on this topic.

As you may be aware, the Senate majority plans to bring their health care scheme to a vote after the Senate returns from the July 4 recess. The proposal of the Senate majority was developed without hearings, with no amendments from the minority and without adequate opportunity for public input. The proposal would have significant damaging effects and is being advanced despite polls showing broad public opposition. If successful, it will decimate the health insurance of millions of Americans and shred important protections that individuals have come to count on, in Pennsylvania and throughout our Nation.

The majority in Congress is attempting to advance this legislation through an expedited process known as “budget reconciliation.” This process allows the Senate majority to advance its proposal with special procedures which limit debate on the proposal and allow the legislation to advance without the support of a single member of the minority.

The House of Representatives passed their health care plan, the American Healthcare Act, on May 4, 2017. The legislation, which President Trump has endorsed, is inconsistent with a number of promises that he has made, first as a candidate and then as President. For example, the legislation allows health insurance companies to discriminate against individuals with pre-existing conditions, cuts over $800 billion from the Medicaid Program, and undermines Medicare’s financing, which increases the chance that others may seek Medicare cuts in the future to forestall insolvency. According to the Congressional Budget Office, the legislation would also cause 23 million people to lose health insurance and would raise costs for millions more.

Following House passage, the American Healthcare Act came to the Senate, where the majority opted to develop its own plan. A group of thirteen Senators spent two months meeting in secret to develop this new scheme, the Better Care Reconciliation Act. The minority was not invited to be a part of this process. This is in stark contrast to the process used to formulate the Affordable Care Act. In 2009, the ACA passed the Senate after a year-long open process that included a total of 44 bipartisan hearings, roundtables and summits in the Senate Committees of jurisdiction; the Committee on Health, Education, Labor, and Pensions and the Committee on Finance. Senate consideration of the ACA also included over a month of Committee markups that led to the consideration of 435 amendments offered by both the majority and the minority, and a full debate on the Senate floor that lasted over 25 consecutive days.

The Senate majority released the Better Care Reconciliation Act to the public on June 22. The proposal will allow the states to strip key consumer protections from the ACA; increase out-of-pocket costs; take away coverage for substance abuse treatment, which is vital in combatting the opioid epidemic; and drastically increase costs for seniors by implementing an age tax on their health care. Further, this scheme will decimate Medicaid, hurting children, individuals with disabilities and hospitals throughout our state. Although the Senate majority claimed they would completely rewrite the House legislation, in reality, the Better Care Reconciliation Act closely resembles the House proposal. Like the House bill, it cuts health care for millions of middle class Americans and their families in order to provide tax cuts to wealthy Americans. After years of making significant strides in improving our health care system, this is not the direction we should take.

It appears that the majority in the Senate will seek final passage of its legislation after the July 4 recess. I remain hopeful that members of the majority will listen to their constituents and carefully consider how this plan will negatively impact the communities they represent. I hope that instead of considering this proposal, the majority might get serious, end their focus on repealing the ACA and work in a bipartisan way to keep what is working with the health care system and fix what is not.

The upcoming vote may be a major turning point for the health of our Nation. Patients, advocates, health care providers and the general public should have adequate opportunity to shape any plan that emerges from the Senate. The current process has not allowed for that. Further, any changes to our health care system must maintain or expand coverage, quality and care. The Senate majority’s scheme does not meet that standard, and I will continue to fight it with everything I have.

Sincerely,
Bob Casey
United States Senator

Tuesday, June 27, 2017

Letter to Senators Robert Casey & Patrick Toomey

Vote No on the Better Care Reconciliation Act Protect People with MS

Dear (Senator Casey & Senator Toomey),

As a person impacted by multiple sclerosis and your constituent, I urge you to VOTE NO on the Better Care Reconciliation Act.

The Senate's Better Care Reconciliation Act of 2017 will reduce access to coverage, make coverage and care less affordable, and fails to provide and protect comprehensive insurance. 

- By eliminating the Medicaid expansion enacted under the Affordable Care Act, which gave states additional funding to offer insurance coverage to low-income people up to 133% of the poverty line.
- By jeopardizing all Medicaid services by capping all federal Medicaid funding starting in year 2025, significantly reducing state funds and forcing every state to make hard choices like eliminating health and supportive services, cutting beneficiaries out of the program, and more. 
- Allowing states to opt out of vital patient protections that are especially important for people with high-cost medical conditions. These protections include the current caps on out-of-pocket costs and bans on insurers' use of lifetime and annual limits of coverage.
- Allowing states to opt out of the current requirements that insurers must cover 10 'Essential Health Benefits.'

Please vote NO on the Better Care Reconciliation Act when the U.S. Senate considers the bill.


Sincerely,
Frank Austin

Better Care?

CBO Summary of Senate Health Care Bill, Summary, page 7 

Rural America Take Note...Frank

In the agencies’ assessment, a small fraction of the population resides in areas in which—because of this legislation, at least for some of the years after 2019—no insurers would participate in the nongroup market or insurance would be offered only with very high premiums. Some sparsely populated areas might have no nongroup insurance offered because the reductions in subsidies would lead fewer people to decide to purchase insurance—and markets with few purchasers are less profitable for insurers. Insurance covering certain services would become more expensive—in some cases, extremely expensive—in some areas because the scope of the EHBs would be narrowed through waivers affecting close to half the population, CBO and JCT expect. In addition, the agencies anticipate that all insurance in the nongroup market would become very expensive for at least a short period of time for a small fraction of the population residing in areas in which states’ implementation of waivers with major changes caused market disruption.

Senator Bob Casey Quote


"The GOP plan is particularly obscene when you realize every one of those senators has health care that will be unaffected by this." Senator Robert Casey 

Monday, June 26, 2017

Average Family Premium per Enrolled Employee

http://www.kff.org/other/state-indicator/family-coverage/?currentTimeframe=0&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D

Average Family Premium per Enrolled Employee For Employer-Based Health Insurance

Employee Contribution    Employer Contribution  Total Cost

          $4,710                                      $12,612           $17,322

The Better Care Reconciliation Act

Retter? OK, but for who?
   Frank

https://www.nationalmssociety.org/About-the-Society/News/HealthcareBill-6-22

MS Society Disappointed with Senate Healthcare Bill

June 22, 2017
The National Multiple Sclerosis Society today expresses disappointment with the Senate Republican’s Healthcare bill. Despite hundreds of meetings with and thousands of letters and calls to Congress by MS activists explaining the care and coverage people living with the disease need to live their best live, the Senate produced legislation behind closed doors that does not meet these needs.
 
“The National MS Society believes the Senate bill is ill-conceived and should be rejected,” says Bari Talente, Executive Vice President of Advocacy. “While we await specifics about expected coverage losses and fiscal impact from the Congressional Budget Office, the Society encourages Senators to reject the Better Care Reconciliation Act of 2017 as it does not improve access to coverage and care for people living with MS. Healthcare is too important for a bill to be developed by a handful of people in a back room that doesn’t account for the real needs of people who rely on their health coverage.”
 
People like Marques Jones of Richmond, VA who was diagnosed with MS eight years ago.
 
“If the Senate votes to repeal protections gained with the ACA, all the hard work I’ve done to fight this terrible illness, start my own business, and keep living my life to the fullest for myself and, most of all, my family will be lost.  I’ll be at the mercy of the health insurance companies, my hold on the American dream will be broken, and my ability to strive for a better life…be thrown into chaos and uncertainty,” said Jones. Read more about Jones in a recent Momentum magazine article.
 

“While some of the Senate’s proposed policy changes are being touted as providing people with choice and flexibility, people do not choose to be diagnosed with a chronic, expensive condition such as MS,” explains Talente. “An MS diagnosis, other diagnoses or life-altering incidents like car accidents can happen to anyone—at any time. Access is meaningless—and will ultimately cost our country more—unless it is affordable and covers the comprehensive care that people need.” Read more about the impact of the Better Care Reconciliation Act. 


Friday, June 23, 2017

What goes around...

Nancy Pelosi,  June 20, 2012, "We Have to Pass the Bill So That You Can Find Out What Is In It".


Two quotes from Nancy Pelosi...
Then: "Everybody will have lower rates, better quality and better access."

NOW: "I don't remember ever saying everyone in the country will have lower premiums."

https://www.facebook.com/photo.php?fbid=10151608413745563

Congressman John Conyers (D-MI) weighs in on the proposed legislation eight months before its passage, on July 24, 2009,  at the National Press Club: "What good is reading the bill if it's a thousand pages and you don't have two days and two lawyers to find out what it means after you read the bill?" 

http://www.politico.com/news/stories/0909/26846.html

Note: Conyers made his comment when the ACA legislation as it existed was "only" 1,017 pages. The bill eventually ballooned to over 2,700 pages before it was passed. The bureaucratic process has since added regulations that are eight times as long as The Holy Bible and bring the count now to over 20,000 pages that stand 7-feet high when stacked in a pile.


Obama at a Virginia campaign stop, August 6, 2009: "I don't want the folks who created the mess to do a lot of talking. I want them just to get out of the way so we can clean up the mess. I don't mind cleaning up after them, but don't do a lot of talking."


Health and Human Services Secretary Kathleen Sebelius even hypes it at the 2012 DNC: "But for us Democrats, Obamacare is a badge of honor. Because no matter who you are, what stage of life you're in, this law is a good thing."


Now, in the interest of being levelheaded, mature, pragmatic and even-tempered I must cast  my eyes on Republican stances through the same filter!

"Will Speaker Pelosi Wait for the 'Final Number' from the CBO?" — House GOP Twitter Handle, March 18, 2010 

Nancy Pelosi wrote in a letter to Speaker Ryan March 7, 2017. "Members must not be asked to vote on this legislation before the CBO and Joint Committee on Taxation have answered the following questions...

"I don't think we should pass bills that we haven't read that we don't know what they cost." — Paul Ryan, July 29, 2009. And this, "If you rush this through before anyone even knows what it is, that's not good democracy."  

"Congress is moving fast to rush through a health care overhaul that lacks a key ingredient: the full participation of you, the American people." — Paul Ryan, July 18, 2009

"We shouldn't rush this thing through just to rush it through for some artificial deadline. Lets get this thing done right." — Paul Ryan, July 2009

And finally, "Congress and the White House have focused their public efforts on platitudes and press conferences, while the substance and the details have remained behind closed doors." — Paul Ryan, July 2009 



Wednesday, June 21, 2017

Trending Markets

DOW up 19.6%, Nasdaq up 20%, S&P 500 up 14% since @realDonaldTrump elected. Not a fan but haven't heard much about it, Have you? Bet you we'd have heard about it if it was down that much. Just looking for balanced news!

Wednesday, June 14, 2017

Message to Senator Pat Toomey

Over the last week, the National MS Society has heard from hundreds of people affected by MS, including your constituents, and we’ve listened to their questions about healthcare reform. You can watch a short video of their concerns here: https://youtu.be/Q1vXZC5CLPs

Will the new healthcare bill and Senator Pat Toomey commit to:
·         Protect people with pre-existing conditions?
·         Protect Medicaid's current financing structure?
·         Cover the care and medications people need?

People with MS, constituents just like me, must have access to the healthcare and medications they need to live their best lives. 

Tuesday, June 13, 2017

AMA Examining Drug Price Controls

https://www.medpagetoday.com/MeetingCoverage/AMA/65951

Looks familiar (see the, “Fair Accountability and Innovative Research Drug Pricing Act of 2017” H.R. 2439), I like the provision that direct to consumer advertising include cost!...Frank

Votes expected this week on measures recommended by committee

  • by  Contributing Writer, MedPage Today
  • This article is a collaboration between MedPage Today® and:
     Medpage Today
CHICAGO -- An American Medical Association reference committee is asking the AMA to push regulators to require that pharmaceutical companies include retail drug price information in all direct-to-consumer advertising of prescription drugs.
The reference committee also wants the AMA to back legislation to allow Medicare and Medicaid to negotiate prices with drug companies. The AMA's policy-making body, the House of Delegates, could vote on those recommendations as early as today.
Based on testimony gathered during hearings Sunday afternoon, the committee recommended the AMA back legislation or regulation:
  • requiring manufacturers to explain why they are increasing the price of any drug by 10% or more "each year or per course of treatment," and notify the public before increasing the price
  • requiring companies to state retail prices during consumer drug ads
  • authorizing the federal government "to take legal action to address price gouging by pharmaceutical manufacturers and increase access to affordable drugs."
  • expediting "review of generic drug applications and prioritiz(ing) review of such applications when there is a drug shortage, no available comparable generic drug, or a price increase of 10% or more."
The committee also approved separate resolutions calling for AMA to "prioritize its support for [the Centers for Medicare and Medicaid] to negotiate pharmaceutical pricing for all applicable medications covered by CMS," and to amend an AMA policy to support national advocacy "to increase access to affordable naloxone," in addition to supporting naloxone regulation and legislation.
The CMS negotiation support "should be our priority," said surgeon Peter Bernardo, MD, speaking for the Oregon delegation. "None" of the other measures "will make a damn difference," he added, because they won't spur price negotiation.
Speaking of naloxone: "We have a crisis here and price is affecting access," a delegate speaking for the Great Lakes delegation said. "People are watching, saying this very powerful doctors' organization has an opportunity to make a statement." 
The committee declined to recommend AMA "advocate for an 'out of pocket' maximum dollar amount for total drug costs for our patients not to exceed $500 per month," saying that would contradict AMA cost-sharing policies; and potentially harm Medicare, the insurance market and innovation.
But the committee agreed with the majority of Sunday's hearing speakers who supported the other measures. "Your Reference Committee strongly believes that transparency of prescription drug prices is important and needed along a continuum of stakeholders," the committee wrote in the report; it also "strongly believes there is a need to address price gouging and anti-competitive behaviors by pharmaceutical companies."
"The common thread is drugs cost too much money in too many instances," said Tom Peters, MD, speaking for the American Society of Transplant Surgeons.
"Pharmaceutical prices are completely out of control and it's a public health mess," said a delegate speaking for the New England states. "This has got to be stopped ... Let's make sure pharma gets a black eye."
The American Academy of Neurology and American College of Physicians supported the recommended drug price control measures, according to delegates speaking for them Sunday.
Others warned AMA not to be too aggressive. "Asking for transparency is going to be transparency across the whole board," an Illinois delegate said.
TAGS: MedPage Today, AMA, Ryan Basen 

Saturday, June 10, 2017

Medical Device Excise Tax Moratorium Expires This Year!


This is one of the Affordable Care Act (ObamaCare) provisions that just does not make sense. Does anyone really believe that manufacturers are NOT going to pass this 2.3% tax on medical devices on to consumers? The Consolidated Appropriations Act, 2016 (Pub. L. 114-113), signed into law on Dec. 18, 2015, included a two year moratorium on the medical device excise tax. That moratorium ends December 31, 2017.

Bills have been introduced in both the House of Representatives (HR 184) and Senate (S 108) to repeal this provision of the Affordable Care Act (ObanmaCare). Really, who is normally buying, "Durable Medical Equipment"? It is the infirmed, the Senior Citizens, the disabled, the parents of the children with special needs and tragically those facing End-Of-Life needs to improve their comfort. Ultimately who is going to pay the tax? It is not the manufacturer, it is not the buying power of that huge, "Insurance Pool" that will shell out the cash. It is the least able-bodied, those with the least disposable income that will bear this burden.

The Affordable Care Act remains the law of the land! Until that changes we need to impress on our Members of Congress the fact that the Medical Device Excise Tax must be repealed! Ask your Senators to cosponsor and support S. 108 and ask your U.S. Representative to cosponsor and support HR 184.

A little history of the Medical Device Excise tax:   
Section 4191 of the Internal Revenue Code imposes an excise tax on the sale of certain medical devices by the manufacturer or importer of the device.
On Dec. 5, 2012, the IRS and the Department of the Treasury issued final regulations on the new 2.3-percent medical device excise tax (IRC §4191) that manufacturers and importers began to pay on their sales of certain medical devices starting in 2013. On Dec. 5, 2012, the IRS and the Department of the Treasury also issued Notice 2012-77, which provides interim guidance on certain issues related to the medical device excise tax.
The Consolidated Appropriations Act, 2016 (Pub. L. 114-113), signed into law on Dec. 18, 2015, includes a two year moratorium on the medical device excise tax imposed by Internal Revenue Code section 4191.  Thus, the medical device excise tax does not apply to the sale of a taxable medical device by the manufacturer, producer, or importer of the device during the period beginning on Jan. 1, 2016, and ending on Dec. 31, 2017. See Q & As 21 through 30 for further information related to the two-year moratorium on the medical device excise tax.

Tuesday, June 6, 2017

The Fair Drug Pricing Act of 2017

PLEASE Like and Share this facebook post. The more likes and shares the wider its reach will be.

We may all need this protection!

If you really like the idea, ask your Member of Congress to cosponsor and support 

H. R. 2439

To require reporting regarding certain drug price increases, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
May 16, 2017
Ms. Schakowsky (for herself, Ms. DeLauro, Mr. Doggett, Mr. Cummings, and Mr. Welch) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To require reporting regarding certain drug price increases, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Fair Accountability and Innovative Research Drug Pricing Act of 2017”.
SEC. 2. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following:
“PART WDRUG PRICE REPORTING; DRUG VALUE FUND
“SEC. 399OO. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES.

“(a) Definitions.—In this section:
“(1) MANUFACTURER.—The term ‘manufacturer’ means the person—
“(A) that holds the application for a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or the license issued under section 351 of the Public Health Service Act; or

“(B) who is responsible for setting the price for the drug.

“(2) QUALIFYING DRUG.—The term ‘qualifying drug’ means any drug that is approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under subsection (a) or (k) of section 351 of this Act—
“(A) that has a wholesale acquisition cost of $100 or more per month supply or per a course of treatment that lasts less than a month and is—
“(i)(I) subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act; or
“(II) commonly administered by hospitals (as determined by the Secretary);

“(ii) not designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act; and

“(iii) not designated by the Secretary as a vaccine; and

“(B) for which, during the previous calendar year, at least 1 dollar of the total amount of sales were for individuals enrolled under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or under a State Medicaid plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan.

“(3) WHOLESALE ACQUISITION COST.—The term ‘wholesale acquisition cost’ has the meaning given that term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).

“(b) Report.—
“(1) REPORT REQUIRED.—The manufacturer of a qualifying drug shall submit a report to the Secretary for each price increase of a qualifying drug that will result in an increase in the wholesale acquisition cost of that drug that is equal to—
“(A) 10 percent or more over a 12-month period; or

“(B) 25 percent or more over a 36-month period.

“(2) REPORT DEADLINE.—Each report described in paragraph (1) shall be submitted to the Secretary not later than 30 days prior to the planned effective date of such price increase.

“(c) Contents.—A report under subsection (b) shall, at a minimum, include—
“(1) with respect to the qualifying drug—
“(A) the percentage by which the manufacturer will raise the wholesale acquisition cost of the drug on the planned effective date of such price increase;

“(B) a justification for, and description of, each manufacturer’s price increase that occurred during the 12-month period described in subsection (b)(1)(A) or the 36-month period described in subsection (b)(1)(B), as applicable;

“(C) the identity of the initial developer of the drug;

“(D) a description of the history of the manufacturer's price increases for the drug since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license;

“(E) the current list price of the drug;

“(F) the total expenditures of the manufacturer on—
“(i) materials and manufacturing for such drug; and

“(ii) acquiring patents and licensing for such drug;

“(G) the percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds;

“(H) the total expenditures of the manufacturer on research and development for such drug that is used for—
“(i) basic and preclinical research;

“(ii) clinical research;

“(iii) new drug development;

“(iv) pursuing new or expanded indications for such drug through supplemental applications under section 505 of the Federal Food, Drug, and Cosmetic Act; and

“(v) carrying out postmarket requirements related to such drug, including those under section 505(o)(3) of such Act;

“(I) the total revenue and the net profit generated from the qualifying drug for each calendar year since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license; and

“(J) the total costs associated with marketing and advertising for the qualifying drug;

“(2) with respect to the manufacturer—
“(A) the total revenue and the net profit of the manufacturer for the 12-month period described in subsection (b)(1)(A) or the 36-month period described in subsection (b)(1)(B), as applicable;

“(B) all stock-based performance metrics used by the manufacturer to determine executive compensation for the 12-month period described in subsection (b)(1)(A) or the 36-month period described in subsection (b)(1)(B), as applicable; and

“(C) any additional information the manufacturer chooses to provide related to drug pricing decisions, such as total expenditures on—
“(i) drug research and development; or

“(ii) clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and

“(3) such other related information as the Secretary considers appropriate.

“(d) Civil Penalty.—Any manufacturer of a qualifying drug that fails to submit a report for the drug as required by this section shall be subject to a civil penalty of $100,000 for each day on which the violation continues.

“(e) Public Posting.—
“(1) IN GENERAL.—Subject to paragraph (3), not later than 30 days after the submission of a report under subsection (b), the Secretary shall post the report on the public website of the Department of Health and Human Services.

“(2) FORMAT.—In developing the format of such report for public posting, the Secretary shall consult stakeholders, including beneficiary groups, and shall seek feedback on the content and format from consumer advocates and readability experts to ensure such public reports are user-friendly to the public and are written in plain language that consumers can readily understand.

“(3) TRADE SECRETS AND CONFIDENTIAL INFORMATION.—In carrying out this section, the Secretary shall enforce applicable law concerning the protection of confidential commercial information and trade secrets.”.
“SEC. 399OO–1. USE OF CIVIL PENALTY AMOUNTS.
“The Secretary shall collect the civil penalties under section 399OO, in addition to any other amounts available, and without further appropriation, and shall use such funds to carry out activities described in this part and to improve consumer and provider information about drug value and drug price transparency.
“SEC. 399OO–2. ANNUAL REPORT TO CONGRESS.

“(a) In General.—Subject to subsection (b), the Secretary shall submit to Congress, and post on the public website of the Department of Health and Human Services in a way that is easy to use and understand, an annual report—
“(1) summarizing the information reported pursuant to section 399OO; and

“(2) including copies of the reports and supporting detailed economic analyses submitted pursuant to such section.

“(b) Trade Secrets And Confidential Information.—In carrying out this section, the Secretary shall enforce applicable law concerning the protection of confidential commercial information and trade secrets.”.
“SEC. 399OO–1. USE OF CIVIL PENALTY AMOUNTS.
“The Secretary shall collect the civil penalties under section 399OO, in addition to any other amounts available, and without further appropriation, and shall use such funds to carry out activities described in this part and to improve consumer and provider information about drug value and drug price transparency.
“SEC. 399OO–2. ANNUAL REPORT TO CONGRESS.

“(a) In General.—Subject to subsection (b), the Secretary shall submit to Congress, and post on the public website of the Department of Health and Human Services in a way that is easy to use and understand, an annual report—
“(1) summarizing the information reported pursuant to section 399OO; and

“(2) including copies of the reports and supporting detailed economic analyses submitted pursuant to such section.

“(b) Trade Secrets And Confidential Information.—In carrying out this section, the Secretary shall enforce applicable law concerning the protection of confidential commercial information and trade secrets.”.