[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3744 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 3744
To amend title XI of the Social Security Act to lower barriers to
increase patient access to health care.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7, 2024
Mr. Cassidy (for himself and Mr. Padilla) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title XI of the Social Security Act to lower barriers to
increase patient access to health care.
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 ``Health Accelerating Consumer's Care
by Expediting Self-Scheduling Act'' or the ``Health ACCESS Act''.
SEC. 2. AMENDMENTS TO SECTION 1128B.
Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-7b(b))
is amended--
(1) in paragraph (3)--
(A) by moving the left margins of subparagraphs (J)
and (K) 2 ems to the left;
(B) in subparagraph (K), by striking ``and'' at the
end;
(C) in subparagraph (L), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(M) any remuneration paid by a provider of services (as
defined in section 1861(u)) or a supplier (as defined in
section 1861(d)) to an information service provider (as defined
in paragraph (5)), if--
``(i) such information service provider does not--
``(I) steer or lead a consumer to select a
particular provider of services or supplier
based on the amount a provider of services or
supplier pays or may pay the information
service provider;
``(II) provide, or represent itself as
providing, any medical items or services,
diagnostic or counseling services or
assessments of illness or injury, or make any
promises of cure or guarantees of treatment;
``(III) provide contact information
regarding a consumer (as defined in paragraph
(5)) to providers of services or suppliers,
except to the specific provider of services or
supplier selected by the consumer;
``(IV) provide or arrange for
transportation of an individual to, or from,
the location of a provider of services or
supplier;
``(V) provide or arrange for the provision
of any other remuneration to a Federal health
care program beneficiary other than the
inherent convenience of the information service
or as permitted pursuant to the nominal value
guidance; or
``(VI) engage in targeted marketing of a
particular provider or supplier through phone
calls or text messages, with respect to
consumers or potential consumers who have not
previously interacted with the information
service provider and who have not opted out;
``(ii) the methodology for determining compensation
paid to the information service provider by a provider
of services or supplier is set in advance in writing,
and the compensation: (I) does not exceed fair market
value; (II) is for services, specified in writing; and
(III) does not take into account the value of any items
or services payable in whole or in part by a Federal
health care program that result from recommendations by
the information service provider for the provider of
services or supplier;
``(iii) such information service provider clearly
discloses the financial arrangement between it and the
providers of services or suppliers participating in
such service to consumers;
``(iv) such information service provider furnishes
provider- and supplier-specific information to
consumers based only on objective, consumer-centric
criteria;
``(v) such information service provider develops
objective criteria for participation in such
information service and does not exclude any providers
of services or suppliers who meet such criteria from
participating therein; and
``(vi) such information service provider meets such
other conditions as may be determined appropriate by
the Secretary.''; and
(E) by adding at the end the following new
paragraph:
``(5) Definition of Consumer; Information Service Provider.--For
purposes of paragraph (3)(M):
``(A) Consumer.--The term `consumer' means an individual
who uses a web-based platform operated by an information
service provider for the purpose of searching providers of
services or suppliers.
``(B) Information service provider.--The term `information
service provider' means any individual or entity operating a
web-based platform that makes information regarding providers
of services or suppliers available to consumers.''.
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