S. 2710

119 S2710 IS: Open Payments Expansion Act
 U.S. Senate
 2025-09-04
 text/xml
 EN
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  II
  119th CONGRESS
  1st Session
  S. 2710
  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.
1.
Short title
This Act may be cited as the   Open Payments Expansion Act  .
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.