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B-334856 Dec 19, 2022 1 (2022-12-19)

handle is hein.gao/gaoobh0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-334856 December 19, 2022 The Honorable Patty Murray Chairwoman The Honorable Richard Burr Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Bobby Scott Chairman The Honorable Virginia Foxx Ranking Member Committee on Education and Labor House of Representatives Subject: Office of Personnel Management; Department of the Treasury, Internal Revenue Service; Department of Labor, Employee Benefits Security Administration; Department of Health and Human Services, Centers for Medicare & Medicaid Services: Prescription Drug and Health Care Spending Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Office of Personnel Management (OPM); the Department of the Treasury, Internal Revenue Service (IRS); the Department of Labor, Employee Benefits Security Administration (EBSA); and the Department of Health and Human Services, Centers for Medicare & Medicaid Services (CMS) (collectively, the Agencies) entitled Prescription Drug and Health Care Spending (RINs: 3206-A027, 1545-BQ10, 1210-AC07, 0938-AU66). We received the rule on December 6, 2022. It was published in the Federal Register as interim final rules with request for comment (IFR) on November 23, 2021. 86 Fed. Reg. 66662. The effective date is December 23, 2021. According to the Agencies, this document sets forth an IFR to implement provisions of the Internal Revenue Code (the Code), the Employee Retirement Income Security Act (ERISA), and the Public Health Service Act (PHS Act), as enacted by the Consolidated Appropriations Act, 2021 (CAA). See generally Pub. L. No. 116-260, 134 Stat. 1182 (Dec. 27, 2020); Pub. L. No. 93-406, 88 Stat. 829 (Sept. 2, 1974); Act of July 1, 1944, ch. 373, 58 Stat. 682. The Agencies stated that this IFR is applicable to group health plans and health insurance issuers offering group or individual health insurance coverage, and it adds provisions to existing rules under the Code, ERISA, and the PHS Act. The Agencies also stated that the IFR implements provisions of the Code, ERISA, and the PHS Act that increase transparency by requiring group health plans and health insurance issuers in the group and individual markets to submit certain information about prescription drugs and health care spending to the Department of Health and Human Services, the Department of Labor, and the Department of the Treasury. The Agencies stated further that they are issuing this IFR with largely parallel provisions that

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