Sponsors must hand over documents and allegations are exempt from disclosure
What the document says“shall not prohibit or otherwise limit the ability of a pharmacy to submit such documents or materials to the Secretary for the purpose of submitting an allegation or providing evidence for such an allegation under this clause.”
A sponsor subject to an allegation must give the Secretary the documents or materials the Secretary specifies, including contract offers and related correspondence, and may not stop or limit a pharmacy from sending those documents to the Secretary. Allegations submitted are exempt from disclosure under section 552 of title 5, United States Code, and nothing in the clause limits a pharmacy's other legal remedies.
What the document actually says“shall not prohibit or otherwise limit the ability of a pharmacy to submit such documents or materials to the Secretary for the purpose of submitting an allegation or providing evidence for such an allegation under this clause.”
A plan may not stop a pharmacy from sending papers to the health chief. That holds when the papers back up a report.
The papers are often the deal itself and letters about it. A gag clause would make a report hard to prove. The reports are also kept from public release.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.