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![handle is hein.congrecreports/crptxaftc0001 and id is 1 raw text is: AUTHENTICATED
U.GOVERNMENT
INFORMATION .
118TH CONGRESS REPORT
1st Session HOUSE OF REPRESENTATIVES 118-259
HIDDEN FEE DISCLOSURE 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
R E P O R T
[To accompany H.R. 4508]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 4508) to amend the Employee Retirement In-
come Security Act of 1974 to clarify and strengthen the application
of certain employer-sponsored health plan disclosure requirements,
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 Hidden Fee Disclosure Act of 2023.
SEC. 2. CLARIFICATION OF THE APPLICATION OF FEE DISCLOSURE REQUIREMENTS TO COV-
ERED SERVICE PROVIDERS.
(a) SERVICES.-Clause (ii)(I)(bb) of section 408(b)(2)(B) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)) is amended-
(1) in subitem (AA) by striking Brokerage services, and inserting Services
(including brokerage services),; and
(2) in subitem (BB)-
(A) by striking Consulting, and inserting Other services,; and
(B) by inserting any of the following: before plan design.
(b) DISCLOSURES.-Clause (iii)(III) of section 408(b)(2)(B) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)) is amended by striking
, either in the aggregate or by service, and inserting by service.
SEC. 3. STRENGTHENING DISCLOSURE REQUIREMENTS WITH RESPECT TO PHARMACY BEN-
EFIT MANAGERS AND THIRD PARTY ADMINISTRATORS FOR GROUP HEALTH
PLANS.
(a) CERTAIN ARRANGEMENTS FOR PBM SERVICES CONSIDERED AS INDIRECT.-
(1) IN GENERAL.-Clause (i) of section 408(b)(2)(B) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)) is amended-
(A) by striking requirements of this clause and inserting requirements
of this subparagraph; and
(B) by adding at the end the following: For purposes of applying section
406(a)(1)(C) with respect to a transaction described under this subpara-
49-006](ViewImageLocal?handle=hein.congrecreports/crptxaftc0001&div=1&collection=&method=preview&ext=.png&size=3)