Health DATA Act of 2023

Health Data Access, Transparency, and Affordability Act or the Health DATA Act

This bill revises the requirements for contracts between employer-sponsored health plans and provider networks, third-party administrators, or pharmacy benefit managers (PBMs).

Specifically, such contracts must also allow health plan fiduciaries to reasonably access and audit certain claims and cost information. Further, a plan fiduciary must annually attest that the plan is in compliance with this requirement.

The bill establishes civil penalties for violations of these requirements.

The Department of Labor must report on the status of health plans' ability to access to certain de-identified claim information.