119-s2710

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2710 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2710

To amend title XI of the Social Security Act to require pharmaceutical 
and device manufacturers to publicly disclose covered payments made to 
 patient advocacy organizations.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 September 4, 2025

 Mr. Grassley (for himself and Ms. Hassan) introduced the following 
 bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

 A BILL

To amend title XI of the Social Security Act to require pharmaceutical 
and device manufacturers to publicly disclose covered payments made to 
 patient advocacy organizations.

 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 ``Open Payments Expansion Act''.

SEC. 2. DISCLOSURE OF PHARMACEUTICAL AND DEVICE MANUFACTURER COVERED 
 PAYMENTS TO PATIENT ADVOCACY ORGANIZATIONS.

    (a) In General.--

Section 1128G of the Social Security Act (42 
U.S.C. 1320a-7h) is amended--

    (1) in subsection

    (a) , by adding at the end the following 
 new paragraph:
 ``

    (3) Donations to patient advocacy organizations.--
 ``
        (A) In general.--In addition to the requirements 
 under paragraphs

    (1) and

    (2) , on March 31, 2027, and on 
 the 90th day of each calendar year beginning 
 thereafter, any applicable manufacturer or applicable 
 group purchasing organization shall submit to the 
 Secretary, in such electronic form as the Secretary 
 shall require, details regarding any covered payment 
 made by such manufacturer or organization to any 
 patient advocacy organization, including--
 ``
            (i) the name of the patient advocacy 
 organization; and
 ``
            (ii) the amount of the covered payment.
 ``
        (B) === Definitions. ===
-In this paragraph:
 ``
            (i) Covered payment.--The term `covered 
 payment' means any--
 ``
            (I) payment or other transfer of 
 value; or
 ``
            (II) indirect payment or other 
 transfer of value.
 ``
            (ii) Indirect payment or other transfer 
 of value.--The term `indirect payment or other 
 transfer of value' means a payment or other 
 transfer of value made by an applicable 
 manufacturer or applicable group purchasing 
 organization to a patient advocacy organization 
 through a third party, where the applicable 
 manufacturer or applicable group purchasing 
 organization requires, instructs, directs, or 
 otherwise causes the third party to provide the 
 payment or transfer of value, in whole or in 
 part, to a patient advocacy organization.
 ``
            (iii) Patient advocacy organization.--The 
 term `patient advocacy organization' means an 
 organization described in 

section 501
            (c) (3) of 
 the Internal Revenue Code of 1986 that is 
 exempt from taxation under 

section 501

    (a) of 
 such Code that--
 ``
            (I) provides education, advocacy, 
 and support services oriented towards 
 patients and caregivers;
 ``
            (II) is concerned with a medical 
 condition diagnosed by a licensed 
 medical practitioner who is in good 
 standing with a State licensing body; 
 or
 ``
            (III) has a mission that seeks to 
 help vulnerable individuals affected by 
 medical conditions or to help the 
 families of such vulnerable individuals 
 and takes actions consistent with such 
 mission.''; and

    (2) in subsection
            (c) (1)
            (C) 
            (ix) , by striking ``or covered 
 recipient'' each place it appears and inserting ``covered 
 recipient, or patient advocacy organization''.

    (b) Administration.--Chapter 35 of title 44, United States Code, 
shall not apply to this section or the amendments made by this section.
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