[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2989 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2989
To prohibit certain sales or leases of real property for a health care
entity if the terms of such a sale or lease would lead to long-term
weakened financial status of the health care entity or place the public
health at risk, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 8, 2025
Mr. Markey (for himself, Mr. Blumenthal, and Mr. Sanders) introduced
the following bill; which was read twice and referred to the Committee
on Finance
_______________________________________________________________________
A BILL
To prohibit certain sales or leases of real property for a health care
entity if the terms of such a sale or lease would lead to long-term
weakened financial status of the health care entity or place the public
health at risk, 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 ``Stop Medical Profiteering and Theft
Act'' or the ``Stop MPT Act''.
SEC. 2. LIMITATION ON THE USE OF REAL ESTATE INVESTMENT TRUSTS IN
HEALTH CARE.
(a) In General.--
(1) Prohibition.--No health care entity or covered firm may
enter into agreement to sell to, or lease from, a real estate
investment trust (as defined in section 856 of the Internal
Revenue Code of 1986) an interest in real property if the terms
of such sale or lease would lead to long-term weakened
financial status of the health care entity or place the public
health at risk.
(2) Review of sale or lease terms.--
(A) In general.--The Secretary of Health and Human
Services (referred to in this section as the
``Secretary'') shall require each health care entity,
or the covered firm that owns such health care entity,
seeking to enter into an agreement described in
paragraph (1) to submit to the Secretary for review the
terms of the sale or lease, as applicable.
(B) Standard.--In conducting a review of a sale or
lease under subparagraph (A), the Secretary shall
determine whether the terms of such sale or lease would
lead to long-term weakened financial status of the
health care entity or place the public health at risk.
(C) Consultation.--The Secretary may consult with
the relevant State attorney general in conducting a
review under subparagraph (A).
(3) Litigation authority.--Except as provided in section
518 of title 28, United States Code (relating to litigation
before the Supreme Court), attorneys designated by the
Secretary may appear for the Department of Health and Human
Services and represent the Department in any civil action
brought in connection with a violation of paragraph (1).
(b) Enforcement.--
(1) State enforcement.--
(A) State authority.--Each State may require a
person subject to the requirements of this section to
satisfy such requirements applicable to the person.
(B) Failure to implement requirements.--In the case
of a State that fails to substantially enforce the
requirements of this section with respect to applicable
persons in the State, the Secretary shall enforce the
requirements of this section under paragraph (2) to the
extent that such requirements relate to actions
prohibited under this section occurring in such State.
(2) Secretarial enforcement authority.--If a person is
found by the Secretary to be in violation of this section, the
Secretary may apply a civil monetary penalty with respect to
such person in an amount not to exceed $10,000 per violation.
(3) Continued applicability of state law.--This section
shall not be construed to supersede any provision of State law
that establishes, implements, or continues in effect any
requirement or prohibition except to the extent that such
requirement or prohibition prevents the application of a
requirement or prohibition of this section.
(c) Definitions.--In this section:
(1) Affiliate.--The term ``affiliate'' means--
(A) a person that directly or indirectly owns,
controls, or holds with power to vote, 20 percent or
more of the outstanding voting securities of another
entity, other than a person that holds such
securities--
(i) in a fiduciary or agency capacity
without sole discretionary power to vote such
securities; or
(ii) solely to secure a debt, if such
entity has not in fact exercised such power to
vote;
(B) a corporation 20 percent or more of whose
outstanding voting securities are directly or
indirectly owned, controlled, or held with power to
vote, by another entity (referred to in this
subparagraph as a ``covered entity''), or by an entity
that directly or indirectly owns, controls, or holds
with power to vote, 20 percent or more of the
outstanding voting securities of the covered entity,
other than an entity that holds such securities--
(i) in a fiduciary or agency capacity
without sole discretionary power to vote such
securities; or
(ii) solely to secure a debt, if such
entity has not in fact exercised such power to
vote;
(C) a person whose business is operated under a
lease or operating agreement by another entity, or
person substantially all of whose property is operated
under an operating agreement with that other entity; or
(D) an entity that operates the business or
substantially all of the property of another entity
under a lease or operating agreement.
(2) Corporation.--The term ``corporation'' means--
(A) a joint-stock company;
(B) a company or partnership association organized
under a law that makes only the capital subscribed or
callable up to a specified amount responsible for the
debts of the association, including a limited
partnership and a limited liability company;
(C) a trust; or
(D) an association having a power or privilege that
a private corporation, but not an individual or a
partnership, possesses.
(3) Covered firm.--The term ``covered firm'' means a for-
profit corporation that owns or is an affiliate of a health
care entity.
(4) Health care entity.--The term ``health care entity''
means an entity that consists of 1 or more of the following
health care providers:
(A) A hospital.
(B) A physician practice.
(C) A skilled nursing facility.
(D) A hospice facility.
(E) A mental or behavioral health care provider.
(F) An opioid treatment program.
(G) A provider of services (as defined in section
1861(u) of the Social Security Act (42 U.S.C. 1395x(u))
or a supplier (as defined in section 1861(d) of such
Act (42 U.S.C. 1395(d)))) enrolled in the Medicare
program.
(H) Any other entity the Secretary determines
appropriate.
SEC. 3. TREATMENT OF RENTS FROM QUALIFIED HEALTH CARE PROPERTY.
(a) In General.--Section 856(d)(2) of the Internal Revenue Code of
1986 is amended by striking ``and'' at the end of subparagraph (B), by
striking the period and inserting ``, and'' at the end of subparagraph
(C), and by adding at the end the following new subparagraph:
``(D) notwithstanding paragraphs (4), (6), and (8),
any amount received or accrued directly or indirectly
from qualified health care property (as defined in
subsection (e)(6)(D)(i)).''.
(b) Conforming Amendments.--
(1) Section 856(d)(8)(B) of the Internal Revenue Code of
1986 is amended--
(A) by striking ``or a qualified health care
property (as defined in subsection (e)(6)(D)(i))'', and
(B) by striking ``qualified health care property
or''.
(2) Section 856(d)(9) of such Code is amended--
(A) by striking ``or a qualified health care
property (as defined in subsection (e)(6)(D)(i))'' in
subparagraph (A),
(B) by striking ``or qualified health care
property'' each place it appears in subparagraph (A)
and (B), and
(C) by striking ``or qualified health care
properties'' in subparagraph (A).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
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