1. Short title This Act may be cited as the Health Data Access, Transparency, and Affordability Act of 2023 or the Health DATA Act of 2023 . 2. Plan fiduciary access to information (a) In general Paragraph (2) of section 408(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1108(b) ) is amended by adding at the end the following new subparagraph: (C) No contract or arrangement for services between a group health plan and any other entity, such as a health care provider, network or association of providers, third-party administrator, or pharmacy benefit manager, is reasonable within the meaning of this paragraph unless such contract or agreement— (i) allows the responsible plan fiduciary to audit all de-identified claims and encounter information or data described in section 724(a)(1)(B) to— (I) ensure that such entity complies with the terms of the plan and any applicable law; and (II) determine the reasonableness of compensation paid by the plan; and (ii) does not— (I) unreasonably limit the number of audits permitted during a given period of time; (II) limit the number of de-identified claims and encounter information or data that the responsible plan fiduciary may access during an audit; (III) limit the disclosure of pricing terms for value based payment arrangements, including— (aa) payment calculations and formulas; (bb) quality measures; (cc) contract terms; (dd) payment amounts; (ee) measurement periods for all incentives; and (ff) other payment methodologies furnished by a health care provider, network or association of providers, third-party administrator, or pharmacy benefit manager; (IV) limit the disclosure of overpayments and overpayment recovery terms; (V) limit the right of the responsible plan fiduciary to select an auditor; (VI) otherwise limit or unduly delay by greater than 60 days the responsible plan fiduciary from auditing such information or data