Good faith may earn a waiver, and the Secretary's access may not be restricted
What the document says“Nothing in this section shall be construed to permit a health insurance issuer, group health plan, entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary”
The Secretary may waive the daily penalties, or extend the time for compliance, for an entity that made a good-faith effort to comply. Nothing in the section allows an issuer, plan, manager or other entity to restrict the Secretary's access to a report or to information about compliance. An entity may place reasonable restrictions on public disclosure, but may not restrict disclosure to the Departments of Health and Human Services, Labor or the Treasury.
What the document actually says“Nothing in this section shall be construed to permit a health insurance issuer, group health plan, entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary”
Nothing here lets these firms cut off the health chief. They may not hold back a report or block access to it.
A firm that tried in good faith may get a break on the penalty. But it may never shut the agency out of the data.
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