119-s1140

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1140 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1140

 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

 March 26, 2025

 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
 ``
            (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 or who have 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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