[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2347 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2347
To prohibit discrimination in health care and require the provision of
equitable health care, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 17, 2025
Mr. Padilla (for himself, Mr. Booker, Mr. Schiff, and Mr. Gallego)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit discrimination in health care and require the provision of
equitable health care, 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 ``Equal Health Care for All Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1966, Dr. Martin Luther King, Jr. said ``Of all the
forms of inequality, injustice in health care is the most
shocking and inhuman because it often results in physical
death.''.
(2) Inequity in health care remains a persistent and
devastating reality for many communities, and, in particular,
communities of color.
(3) The inequitable provision of health care has complex
causes, many stemming from systemic inequality in access to
health care, housing, nutrition, economic opportunity,
education, and other factors.
(4) Health care outcomes for Black communities in
particular lag far behind those of the population as a whole.
(5) A contributing factor in health disparities is explicit
and implicit bias in the delivery of health care, resulting in
inferior care and poorer outcomes for some patients on the
basis of factors that include race, national origin, sex
(including sexual orientation or gender identity), disability,
age, and religion.
(6) The National Academy of Medicine (formerly known as the
``Institute of Medicine'') issued a report in 2002 titled
``Unequal Treatment'', finding that racial and ethnic
minorities receive lower-quality health care than White
individuals do, even when insurance status, income, age, and
severity of condition is comparable.
(7) Just as Congress has sought to eliminate bias, both
explicit and implicit, in employment, housing, and other parts
of our society, the elimination of bias and the legacy of
structural racism in health care is of paramount importance.
SEC. 3. DATA COLLECTION AND REPORTING.
(a) Required Reporting.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary''), in
consultation with the Director for Civil Rights and Health
Equity, the Director of the National Institutes of Health, the
Administrator of the Centers for Medicare & Medicaid Services,
the Director of the Agency for Healthcare Research and Quality,
the Deputy Assistant Secretary for Minority Health, and the
Director of the Centers for Disease Control and Prevention,
shall by regulation require all health care providers and
facilities that are required under other provisions of law to
report data on specific health outcomes to the Department of
Health and Human Services in aggregate form, to disaggregate
such data by demographic characteristics, including by race,
national origin, sex (including sexual orientation and gender
identity), disability, and age, as well as any other factor
that the Secretary determines would be useful for determining a
pattern of inequitable provision of health care.
(2) Proposed regulations.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall issue
proposed regulations to carry out paragraph (1).
(b) Repository.--The Secretary shall--
(1) not later than 1 year after the date of enactment of
this Act, establish a repository of the disaggregated data
reported pursuant to subsection (a); and
(2) ensure that such repository does not contain any data
that is individually identifiable.
SEC. 4. REQUIRING EQUITABLE HEALTH CARE IN THE HOSPITAL VALUE-BASED
PURCHASING PROGRAM.
(a) Equitable Health Care as Value Measurement.--Section
1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)(viii)) is amended by adding at the end the following
new subclause:
``(XIII)(aa) Effective for payments beginning with fiscal year
2026, in expanding the number of measures under subclause (III), the
Secretary shall adopt measures that relate to equitable health care
furnished by hospitals in inpatient settings.
``(bb) In carrying out this subclause, the Secretary shall solicit
input and recommendations from individuals and groups representing
communities of color and other protected classes and ensure measures
adopted pursuant to this subclause account for social determinants of
health, as defined in section 7(e)(10) of the Equal Health Care for All
Act, such that the social determinants of health do not adversely
affect hospitals if any inequitable outcomes are not caused by that
hospital's provision of care.
``(cc) For purposes of this subclause, the term `equitable health
care' refers to the principle that high-quality care should be provided
to all individuals and health care treatment and services should not
vary on account of the real or perceived race, national origin, sex
(including sexual orientation and gender identity), disability, or age
of an individual, as well as any other factor that the Secretary
determines would be useful for determining a pattern of inequitable
provision of health care.''.
(b) Inclusion of Equitable Health Care Measures.--Section
1886(o)(2)(B) of the Social Security Act (42 U.S.C. 1395ww(o)(2)(B)) is
amended by adding at the end the following new clause:
``(iv) Inclusion of equitable health care
measures.--Beginning in fiscal year 2026,
measures selected under subparagraph (A) shall
include the equitable health care measures
described in subsection
(b)(3)(B)(viii)(XIII).''.
SEC. 5. INEQUITABLE PROVISION OF HEALTH CARE AS A BASIS FOR PERMISSIVE
EXCLUSION FROM MEDICARE AND OTHER FEDERAL HEALTH CARE
PROGRAMS.
Section 1128(b) of the Social Security Act (42 U.S.C. 1320a-7(b))
is amended by adding at the end the following new paragraph:
``(18) Inequitable provision of health care.--
``(A) In general.--Subject to subparagraph (B), any
health care provider that the Secretary determines,
under section 7(b)(2) of the Equal Health Care for All
Act, has engaged in a pattern of inequitable provision
of health care (as defined in subsection (e)(7) of such
Act) on the basis of race, national origin, sex
(including sexual orientation and gender identity),
disability, or age of an individual.
``(B) Exception.--For purposes of carrying out
subparagraph (A), the Secretary shall not exclude any
health care provider from participation in the Medicare
program under title XVIII or the Medicaid program under
title XIX if the exclusion of such health care provider
would result in increased difficulty in access to
health care services for underserved or low-income
communities.''.
SEC. 6. OFFICE FOR CIVIL RIGHTS AND HEALTH EQUITY OF THE DEPARTMENT OF
HEALTH AND HUMAN SERVICES.
(a) Name of Office.--Beginning on the date of enactment of this
Act, the Office for Civil Rights of the Department of Health and Human
Services shall be known as the ``Office for Civil Rights and Health
Equity'' of the Department of Health and Human Services. Any reference
to the Office for Civil Rights of the Department of Health and Human
Services in any law, regulation, map, document, record, or other paper
of the United States shall be deemed to be a reference to the Office
for Civil Rights and Health Equity.
(b) Head of Office.--The head of the Office for Civil Rights and
Health Equity shall be the Director for Civil Rights and Health Equity,
to be appointed by the President. Any reference to the Director of the
Office for Civil Rights of the Department of Health and Human Services
in any law, regulation, map, document, record, or other paper of the
United States shall be deemed to be a reference to the Director for
Civil Rights and Health Equity.
SEC. 7. PROHIBITING DISCRIMINATION IN HEALTH CARE.
(a) Prohibiting Discrimination.--
(1) In general.--No health care provider may, on the basis,
in whole or in part, of race, sex (including sexual orientation
and gender identity), disability, age, or religion, subject an
individual to the inequitable provision of health care.
(2) Notice of patient rights.--The Secretary shall provide
to each patient a notice of a patient's rights under this
section.
(b) Administrative Complaint and Conciliation Process.--
(1) Complaints and answers.--
(A) In general.--An aggrieved person may, not later
than 1 year after an alleged violation of subsection
(a) has occurred or concluded, file a complaint with
the Director alleging inequitable provision of health
care by a provider described in subsection (a).
(B) Complaint.--A complaint submitted pursuant to
subparagraph (A) shall be in writing and shall contain
such information and be in such form as the Director
requires.
(C) Oath or affirmation.--The complaint and any
answer made under this subsection shall be made under
oath or affirmation, and may be reasonably and fairly
modified at any time.
(2) Response to complaints.--
(A) In general.--Upon the filing of a complaint
under this subsection, the following procedures shall
apply:
(i) Complainant notice.--The Director shall
serve notice upon the complainant acknowledging
receipt of such filing and advising the
complainant of the time limits and procedures
provided under this section.
(ii) Respondent notice.--The Director
shall, not later than 30 days after receipt of
such filing--
(I) serve on the respondent a
notice of the complaint, together with
a copy of the original complaint; and
(II) advise the respondent of the
procedural rights and obligations of
respondents under this section.
(iii) Answer.--The respondent may file, not
later than 60 days after receipt of the notice
from the Director, an answer to such complaint.
(iv) Investigative duties.--The Director
shall--
(I) make an investigation of the
alleged inequitable provision of health
care; and
(II) complete such investigation
within 180 days (unless it is
impracticable to complete such
investigation within 180 days) after
the filing of the complaint.
(B) Investigations.--
(i) Pattern or practice.--In the course of
investigating the complaint, the Director may
seek records of care provided to patients other
than the complainant if necessary to
demonstrate or disprove an allegation of
inequitable provision of health care or to
determine whether there is a pattern or
practice of such care.
(ii) Accounting for social determinants of
health.--In investigating the complaint and
reaching a determination on the validity of the
complaint, the Director shall account for
social determinants of health and the effect of
such social determinants on health care
outcomes, so that the health care provider
named in the complaint is not held accountable
for a factor outside of the control of the
provider's provision of health care.
(iii) Inability to complete
investigation.--If the Director is unable to
complete (or finds it is impracticable to
complete) the investigation within 180 days
after the filing of the complaint (or, if the
Secretary takes further action under paragraph
(6)(B) with respect to a complaint, within 180
days after the commencement of such further
action), the Director shall notify the
complainant and respondent in writing of the
reasons involved.
(iv) Report to state licensing
authorities.--On concluding each investigation
under this subparagraph, the Director shall
provide to each State licensing authority that
is responsible for the licensing of the health
care provider under investigation, information
specifying the results of the investigation.
(C) Report.--
(i) Final report.--On completing each
investigation under this paragraph, the
Director shall prepare a final investigative
report.
(ii) Modification of report.--A final
report under this subparagraph may be modified
if additional evidence is later discovered.
(3) Conciliation.--
(A) In general.--During the period beginning on the
date on which a complaint is filed under this
subsection and ending on the date of final disposition
of such complaint (including during an investigation
under paragraph (2)(B)), the Director shall, to the
extent feasible, engage in conciliation with respect to
such complaint.
(B) Conciliation agreement.--A conciliation
agreement arising out of such conciliation shall be an
agreement between the respondent and the complainant,
and shall be subject to approval by the Director.
(C) Rights protected.--The Director shall approve a
conciliation agreement only if the agreement protects
the rights of the complainant and other persons
similarly situated.
(D) Reporting of agreement.--
(i) In general.--Subject to clause (ii),
the Secretary shall make available to the State
licensing authority described in paragraph
(2)(B)(iv) a copy of a conciliation agreement
entered into pursuant to this subsection unless
the complainant and respondent otherwise agree,
and the Secretary determines, that disclosure
is not required to further the purposes of this
subsection.
(ii) Limitation.--A conciliation agreement
that is made available to the State licensing
authority pursuant to clause (i) may not
disclose individually identifiable health
information.
(4) Failure to comply with conciliation agreement.--
Whenever the Director has reasonable cause to believe that a
respondent has breached a conciliation agreement, the Director
shall refer the matter to the Attorney General to consider
filing a civil action to enforce such agreement.
(5) Written consent for disclosure of information.--Nothing
said or done in the course of conciliation under this
subsection may be made public, or used as evidence in a
subsequent proceeding under this subsection, without the
written consent of the parties to the conciliation.
(6) Prompt judicial action.--
(A) In general.--If the Director determines at any
time following the filing of a complaint under this
subsection that prompt judicial action is necessary to
carry out the purposes of this subsection, the Director
may recommend that the Attorney General promptly
commence a civil action under subsection (d).
(B) Immediate suit.--If the Director determines at
any time following the filing of a complaint under this
subsection that the public interest would be served by
allowing the complainant to bring a civil action under
subsection (c) in a State or Federal court immediately,
the Director shall certify that the administrative
process has concluded and that the complainant may file
such a suit immediately.
(7) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Director
shall make publicly available a report detailing the activities
of the Office for Civil Rights and Health Equity under this
subsection, including--
(A) the number of complaints filed and the basis on
which the complaints were filed;
(B) the number of investigations undertaken as a
result of such complaints; and
(C) the disposition of all such investigations.
(c) Enforcement by Private Persons.--
(1) In general.--
(A) Civil action.--
(i) In suit.--A complainant under
subsection (b) may commence a civil action to
obtain appropriate relief with respect to an
alleged violation of subsection (a), or for
breach of a conciliation agreement under
subsection (b), in an appropriate district
court of the United States or State court--
(I) not sooner than the earliest
of--
(aa) the date a
conciliation agreement is
reached under subsection (b);
(bb) the date of a final
disposition of a complaint
under subsection (b); or
(cc) 180 days after the
first day of the alleged
violation; and
(II) not later than 2 years after
the final day of the alleged violation.
(ii) Statute of limitations.--The
computation of such 2-year period shall not
include any time during which an administrative
proceeding (including investigation or
conciliation) under subsection (b) was pending
with respect to a complaint under such
subsection.
(B) Barring suit.--If the Director has obtained a
conciliation agreement under subsection (b) regarding
an alleged violation of subsection (a), no action may
be filed under this paragraph by the complainant
involved with respect to the alleged violation except
for the purpose of enforcing the terms of such an
agreement.
(2) Relief which may be granted.--
(A) In general.--In a civil action under paragraph
(1), if the court finds that a violation of subsection
(a) or breach of a conciliation agreement has occurred,
the court may award to the plaintiff actual and
punitive damages, and may grant as relief, as the court
determines to be appropriate, any permanent or
temporary injunction, temporary restraining order, or
other order (including an order enjoining the defendant
from engaging in a practice violating subsection (a) or
ordering such affirmative action as may be
appropriate).
(B) Fees and costs.--In a civil action under
paragraph (1), the court, in its discretion, may allow
the prevailing party, other than the United States, a
reasonable attorney's fee and costs. The United States
shall be liable for such fees and costs to the same
extent as a private person.
(3) Intervention by attorney general.--Upon timely
application, the Attorney General may intervene in a civil
action under paragraph (1), if the Attorney General certifies
that the case is of general public importance.
(d) Enforcement by the Attorney General.--
(1) Commencement of actions.--
(A) Pattern or practice cases.--The Attorney
General may commence a civil action in any appropriate
district court of the United States if the Attorney
General has reasonable cause to believe that any health
care provider covered by subsection (a)--
(i) is engaged in a pattern or practice
that violates such subsection; or
(ii) is engaged in a violation of such
subsection that raises an issue of significant
public importance.
(B) Cases by referral.--The Director may determine,
based on a pattern of complaints, a pattern of
violations, a review of data reported by a health care
provider covered by subsection (a), or any other means,
that there is reasonable cause to believe a health care
provider is engaged in a pattern or practice that
violates subsection (a). If the Director makes such a
determination, the Director shall refer the related
findings to the Attorney General. If the Attorney
General finds that such reasonable cause exists, the
Attorney General may commence a civil action in any
appropriate district court of the United States.
(2) Enforcement of subpoenas.--The Attorney General, on
behalf of the Director, or another party at whose request a
subpoena is issued under this subsection, may enforce such
subpoena in appropriate proceedings in the district court of
the United States for the district in which the person to whom
the subpoena was addressed resides, was served, or transacts
business.
(3) Relief which may be granted in civil actions.--
(A) In general.--In a civil action under paragraph
(1), the court--
(i) may award such preventive relief,
including a permanent or temporary injunction,
temporary restraining order, or other order
against the person responsible for a violation
of subsection (a) as is necessary to assure the
full enjoyment of the rights granted by this
subsection;
(ii) may award such other relief as the
court determines to be appropriate, including
monetary damages, to aggrieved persons; and
(iii) may, to vindicate the public
interest, assess punitive damages against the
respondent--
(I) in an amount not exceeding
$500,000, for a first violation; and
(II) in an amount not exceeding
$1,000,000, for any subsequent
violation.
(B) Fees and costs.--In a civil action under this
subsection, the court, in its discretion, may allow the
prevailing party, other than the United States, a
reasonable attorney's fee and costs. The United States
shall be liable for such fees and costs to the extent
provided by section 2412 of title 28, United States
Code.
(4) Intervention in civil actions.--Upon timely
application, any person may intervene in a civil action
commenced by the Attorney General under paragraphs (1) and (2)
if the action involves an alleged violation of subsection (a)
with respect to which such person is an aggrieved person
(including a person who is a complainant under subsection (b))
or a conciliation agreement to which such person is a party.
(e) Definitions.--In this section:
(1) Aggrieved person.--The term ``aggrieved person''
means--
(A) a person who believes that the person was or
will be injured in violation of subsection (a); or
(B) the personal representative or estate of a
deceased person who was injured in violation of
subsection (a).
(2) Director.--The term ``Director'' means the Director for
Civil Rights and Health Equity of the Department of Health and
Human Services.
(3) Disability.--The term ``disability'' has the meaning
given such term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(4) Conciliation.--The term ``conciliation'' means the
attempted resolution of issues raised by a complaint, or by the
investigation of such complaint, through informal negotiations
involving the complainant, the respondent, and the Secretary.
(5) Conciliation agreement.--The term ``conciliation
agreement'' means a written agreement setting forth the
resolution of the issues in conciliation.
(6) Individually identifiable health information.--The term
``individually identifiable health information'' means any
information, including demographic information collected from
an individual--
(A) that is created or received by a health care
provider covered by subsection (a), health plan,
employer, or health care clearinghouse;
(B) that relates to the past, present, or future
physical or mental health or condition of, the
provision of health care to, or the past, present, or
future payment for the provision of health care to, the
individual; and
(C)(i) that identifies the individual; or
(ii) with respect to which there is a reasonable
basis to believe that the information can be used to
identify the individual.
(7) Inequitable provision of health care.--The term
``inequitable provision of health care'' means the provision of
any health care service, by a health care provider in a manner
that--
(A) fails to meet a high-quality care standard,
meaning the health care provider fails to--
(i) avoid harm to patients as a result of
the health services that are intended to help
the patient;
(ii) provide health services based on
scientific knowledge to all patients who
benefit;
(iii) refrain from providing services to
patients not likely to benefit;
(iv) provide care that is responsive to
patient preferences, needs, and values; and
(v) avoids waits or delays in care; and
(B) is discriminatory in intent or effect based at
least in part on a basis specified in subsection (a).
(8) Respondent.--The term ``respondent'' means the person
or other entity accused in a complaint of a violation of
subsection (a).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(10) Social determinants of health.--The term ``social
determinants of health'' means conditions in the environments
in which individuals live, work, attend school, and worship,
that affect a wide range of health, functioning, and quality-
of-life outcomes and risks.
(f) Rule of Construction.--Nothing in this section shall be
construed as repealing or limiting the effect of title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), section 1557 of the
Patient Protection and Affordable Care Act (42 U.S.C. 18116), section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).
SEC. 8. FEDERAL HEALTH EQUITY COMMISSION.
(a) Establishment of Commission.--
(1) In general.--There is established the Federal Health
Equity Commission (in this section referred to as the
``Commission'').
(2) Membership.--
(A) In general.--The Commission shall be composed
of--
(i) 8 voting members appointed under
subparagraph (B); and
(ii) the nonvoting, ex officio members
described in subparagraph (C).
(B) Voting members.--Not more than 4 of the members
described in subparagraph (A)(i) shall at any one time
be of the same political party. Such members shall have
recognized expertise in and personal experience with
racial and ethnic health inequities, health care needs
of vulnerable and marginalized populations, and health
equity as a vehicle for improving health status and
health outcomes. Such members shall be appointed to the
Commission as follows:
(i) 4 members of the Commission shall be
appointed by the President.
(ii) 2 members of the Commission shall be
appointed by the President pro tempore of the
Senate, upon the recommendations of the
majority leader and the minority leader of the
Senate. Each member appointed to the Commission
under this clause shall be appointed from a
different political party.
(iii) 2 members of the Commission shall be
appointed by the Speaker of the House of
Representatives upon the recommendations of the
majority leader and the minority leader of the
House of Representatives. Each member appointed
to the Commission under this clause shall be
appointed from a different political party.
(C) Ex officio member.--The Commission shall have
the following nonvoting, ex officio members:
(i) The Director for Civil Rights and
Health Equity of the Department of Health and
Human Services.
(ii) The Deputy Assistant Secretary for
Minority Health of the Department of Health and
Human Services.
(iii) The Director of the National
Institute on Minority Health and Health
Disparities.
(iv) The Chairperson of the Advisory
Committee on Minority Health established under
section 1707(c) of the Public Health Service
Act (42 U.S.C. 300u-6(c)).
(3) Terms.--The term of office of each member of the
Commission appointed under paragraph (2)(B) shall be 6 years.
(4) Chairperson; vice chairperson.--
(A) Chairperson.--The President shall, with the
concurrence of a majority of the members of the
Commission appointed under paragraph (2)(B), designate
a Chairperson from among the members of the Commission
appointed under such paragraph.
(B) Vice chairperson.--
(i) Designation.--The Speaker of the House
of Representatives shall, in consultation with
the majority leaders and the minority leaders
of the Senate and the House of Representatives
and with the concurrence of a majority of the
members of the Commission appointed under
paragraph (2)(B), designate a Vice Chairperson
from among the members of the Commission
appointed under such paragraph. The Vice
Chairperson may not be a member of the same
political party as the Chairperson.
(ii) Duty.--The Vice Chairperson shall act
in place of the Chairperson in the absence of
the Chairperson.
(5) Removal of members.--The President may remove a member
of the Commission only for neglect of duty or malfeasance in
office.
(6) Quorum.--A majority of members of the Commission
appointed under paragraph (2)(B) shall constitute a quorum of
the Commission, but a lesser number of members may hold
hearings.
(b) Duties of the Commission.--
(1) In general.--The Commission shall--
(A) monitor and report on the implementation of
this Act; and
(B) investigate, monitor, and report on progress
towards health equity and the elimination of health
disparities.
(2) Annual report.--The Commission shall--
(A) submit to the President and Congress at least
one report annually on health equity and health
disparities; and
(B) include in such report--
(i) a description of actions taken by the
Department of Health and Human Services and any
other Federal agency related to health equity
or health disparities; and
(ii) recommendations on ensuring equitable
health care and eliminating health disparities.
(c) Powers.--
(1) Hearings.--
(A) In general.--The Commission or, at the
direction of the Commission, any subcommittee or member
of the Commission, may, for the purpose of carrying out
this section, as the Commission or the subcommittee or
member considers advisable--
(i) hold such hearings, meet and act at
such times and places, take such testimony,
receive such evidence, and administer such
oaths; and
(ii) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and
the production of such books, records,
correspondence, memoranda, papers, documents,
tapes, and materials.
(B) Limitation on hearings.--The Commission may
hold a hearing under subparagraph (A)(i) only if the
hearing is approved--
(i) by a majority of the members of the
Commission appointed under subsection
(a)(2)(B); or
(ii) by a majority of such members present
at a meeting when a quorum is present.
(2) Issuance and enforcement of subpoenas.--
(A) Issuance.--A subpoena issued under paragraph
(1) shall--
(i) bear the signature of the Chairperson
of the Commission; and
(ii) be served by any person or class of
persons designated by the Chairperson for that
purpose.
(B) Enforcement.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1),
the United States district court for the district in
which the subpoenaed person resides, is served, or may
be found may issue an order requiring the person to
appear at any designated place to testify or to produce
documentary or other evidence.
(C) Noncompliance.--Any failure to obey the order
of the court may be punished by the court as a contempt
of court.
(3) Witness allowances and fees.--
(A) In general.--Section 1821 of title 28, United
States Code, shall apply to a witness requested or
subpoenaed to appear at a hearing of the Commission.
(B) Expenses.--The per diem and mileage allowances
for a witness shall be paid from funds available to pay
the expenses of the Commission.
(4) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(5) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(d) Administrative Provisions.--
(1) Staff.--
(A) Director.--There shall be a full-time staff
director for the Commission who shall--
(i) serve as the administrative head of the
Commission; and
(ii) be appointed by the Chairperson with
the concurrence of the Vice Chairperson.
(B) Other personnel.--The Commission may--
(i) appoint such other personnel as it
considers advisable, subject to the provisions
of title 5, United States Code, governing
appointments in the competitive service, and
the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to
classification and General Schedule pay rates;
and
(ii) may procure temporary and intermittent
services under section 3109(b) of title 5,
United States Code, at rates for individuals
not in excess of the daily equivalent paid for
positions at the maximum rate for GS-15 of the
General Schedule under section 5332 of title 5,
United States Code.
(2) Compensation of members.--
(A) Non-federal employees.--Each member of the
Commission who is not an officer or employee of the
Federal Government shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the performance of the duties of the
Commission.
(B) Federal employees.--Each member of the
Commission who is an officer or employee of the Federal
Government shall serve without compensation in addition
to the compensation received for the services of the
member as an office or employee of the Federal
Government.
(C) Travel expenses.--A member of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the
home or regular place of business of the member in the
performance of the duties of the Commission.
(3) Cooperation.--The Commission may secure directly from
any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon
request of the Chairman of the Commission, the head of such
department or agency shall furnish such information to the
Commission.
(e) Permanent Commission.--Section 1013 of title 5, United States
Code, shall not apply to the Commission.
(f) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2025 and each fiscal year thereafter such
sums as may be necessary to carry out the duties of the Commission.
SEC. 9. GRANTS FOR HOSPITALS TO PROMOTE EQUITABLE HEALTH CARE AND
OUTCOMES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall award grants to
hospitals to promote equitable health care treatment and services, and
reduce disparities in care and outcomes.
(b) Consultation.--In establishing the criteria for grants under
this section and evaluating applications for such grants, the Secretary
shall consult with the Director for Civil Rights and Health Equity of
the Department of Health and Human Services.
(c) Use of Funds.--A hospital shall use funds received from a grant
under this section to establish or expand programs to provide equitable
health care to all patients and to ensure equitable health care
outcomes. Such uses may include--
(1) providing explicit and implicit bias training to
medical providers and staff;
(2) providing translation or interpretation services for
patients;
(3) recruiting and training a diverse workforce;
(4) tracking data related to care and outcomes; and
(5) training on cultural sensitivity.
(d) Priority.--In awarding grants under this section, the Secretary
shall give priority to hospitals that have received disproportionate
share hospital payments under section 1886(r) of the Social Security
Act (42 U.S.C. 1395ww(r)) or section 1923 of such Act (42 U.S.C. 1396r-
4) with respect to fiscal year 2025.
(e) Supplement, Not Supplant.--Grants awarded under this section
shall be used to supplement, not supplant, any nongovernment efforts,
or other Federal, State, or local funds provided to a recipient.
(f) Equitable Health Care Defined.--The term ``equitable health
care'' has the meaning given such term in subclause (VIII)(cc) of
section 1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)(viii)), as added by section 4(a).
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