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![handle is hein.congrecreports/crptxagha0001 and id is 1 raw text is: AUT-ENTICATED
US. GOVERNMENT
INFORMATION
GP
118TH CONGRESS REPORT
1st Session HOUSE OF REPRESENTATIVES 118-260
HEALTH DATA ACCESS, TRANSPARENCY, AND
AFFORDABILITY ACT OF 2023
NOVEMBER 1, 2023.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Ms. Foxx, from the Committee on Education and the Workforce,
submitted the following
REPORT
[To accompany H.R. 4527]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 4527) to amend the Employee Retirement In-
come Security Act of 1974 to ensure plan fiduciaries may access de-
identified information relating to health claims, and for other pur-
poses, having considered the same, reports favorably thereon with
an amendment and recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the Health Data Access, Transparency, and Afford-
ability Act of 2023 or the Health DATA Act of 2023.
SEC. 2. PLAN FIDUCIARY ACCESS TO INFORMATION.
(a) IN GENERAL.-Paragraph (2) of section 408(b) of the Employee Retirement In-
come Security Act of 1974 (29 U.S.C. 1108(b)) is amended by adding at the end the
following new subparagraph:
(C) No contract or arrangement for services between a group health plan and
any other entity, such as a health care provider, network or association of pro-
viders, third-party administrator, or pharmacy benefit manager, is reasonable
within the meaning of this paragraph unless such contract or agreement-
(i) allows the responsible plan fiduciary to audit all de-identified claims
and encounter information or data described in section 724(a)(1)(B) to-
(I) ensure that such entity complies with the terms of the plan and
any applicable law; and
(II) determine the reasonableness of compensation paid by the plan;
and
(ii) does not-
(I) unreasonably limit the number of audits permitted during a
given period of time;
(II) limit the number of de-identified claims and encounter informa-
tion or data that the responsible plan fiduciary may access during an
audit;
49-006](ViewImageLocal?handle=hein.congrecreports/crptxagha0001&div=1&collection=&method=preview&ext=.png&size=3)