[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3749 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3749
To amend the Public Health Service Act to enhance compliance with
hospital price transparency requirements, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 3, 2022
Mr. Kennedy introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to enhance compliance with
hospital price transparency requirements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hospital Transparency Compliance
Enforcement Act''.
SEC. 2. HOSPITAL PRICE TRANSPARENCY REQUIREMENTS.
Section 2718(e) of the Public Health Service Act (42 U.S.C. 300gg-
18(e)) is amended--
(1) by striking ``Each hospital'' and inserting the
following:
``(1) In general.--Each hospital'';
(2) by inserting ``, in accordance with paragraph (2)'',
after ``for each year''; and
(3) by adding at the end the following:
``(2) Timing requirements.--
``(A) In general.--Each hospital operating within
the United States on the date on which the COVID-19
public health emergency terminates shall, not later
than 100 days after such date and every year
thereafter, establish (and update) and make public the
list under paragraph (1).
``(B) Newly operating hospitals.--In the case of a
hospital that begins operating in the United States
after the date on which the COVID-19 public health
emergency terminates, the hospital shall comply with
the requirements described in subparagraph (A) not
later than 100 days after the date on which the
hospital begins such operation and every year
thereafter.
``(3) Prohibition on shielding information.--No hospital
may shield the information required under paragraph (1) from
online search results through webpage coding.
``(4) Civil monetary penalties.--
``(A) In general.--A hospital that fails to comply
with the requirements of this subsection for a year
shall be subject to a civil monetary penalty of an
amount not to exceed--
``(i) in the case of a hospital with a bed
count of 30 or fewer, $600 for each day in
which the hospital fails to comply with such
requirements;
``(ii) in the case of a hospital with a bed
count that is greater than 30 and equal to or
fewer than 550, $20 per bed for each day in
which the hospital fails to comply with such
requirements; or
``(iii) in the case of a hospital with a
bed count that is greater than 550, $11,000 for
each day in which the hospital fails to comply
with such requirements.
``(B) Procedures.--
``(i) In general.--Except as otherwise
provided in this subsection, a civil monetary
penalty under subparagraph (A) shall be imposed
and collected in accordance with part 180 of
title 45, Code of Federal Regulations (or
successor regulations).
``(ii) Timing.--A hospital shall pay in
full a civil monetary penalty imposed on the
hospital under subparagraph (A) not later
than--
``(I) 60 calendar days after the
date on which the Secretary issues a
notice of the imposition of such
penalty; or
``(II) in the event the hospital
requests a hearing pursuant to subpart
D of part 180 of title 45, Code of
Federal Regulations (or successor
regulations), 60 calendar days after
the date of a final and binding
decision in accordance with such
subpart, to uphold, in whole or in
part, the civil monetary penalty.
``(5) List of hospitals not in compliance.--The Secretary
shall publish a list of the name of each hospital that is not
in compliance with the requirements under this subsection. Such
list shall be published 280 days after the COVID-19 public
health emergency terminates and every 180 days thereafter.
``(6) Definition of covid-19 public health emergency.--In
this subsection, the term `COVID-19 public health emergency'
means the public health emergency declared by the Secretary
under section 319 with respect to COVID-19.''.
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