119-s2497

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2497 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2497

 To amend title XVIII of the Social Security Act to require a separate 
identification number and an attestation for each off-campus outpatient 
 department of a provider.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 July 29, 2025

 Ms. Hassan (for herself and Mr. Marshall) introduced the following 
 bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

 A BILL

 To amend title XVIII of the Social Security Act to require a separate 
identification number and an attestation for each off-campus outpatient 
 department of a provider.

 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 ``Fair Billing Act''.

SEC. 2. REQUIRING A SEPARATE IDENTIFICATION NUMBER AND AN ATTESTATION 
 FOR EACH OFF-CAMPUS OUTPATIENT DEPARTMENT OF A PROVIDER.

    (a) In General.--

Section 1833

    (t) of the Social Security Act (42 
U.S.C. 1395l

    (t) ) is amended by adding at the end the following new 
paragraph:
 ``

    (23) Use of unique health identifiers; attestation.--
 ``
        (A) In general.--No payment may be made under 
 this subsection (or under an applicable payment system 
 pursuant to paragraph

    (21) ) for items and services 
 furnished on or after January 1, 2026, by an off-campus 
 outpatient department of a provider (as defined in 
 subparagraph
            (C) ) unless--
 ``
            (i) such department has obtained, and 
 such items and services are billed under, a 
 standard unique health identifier for health 
 care providers (as described in 

section 1173

    (b) ) that is separate from such identifier 
 for such provider;
 ``
            (ii) such provider has submitted to the 
 Secretary, during the 2-year period ending on 
 the date such items and services are so 
 furnished, an initial provider-based status 
 attestation that such department is compliant 
 with the requirements described in 

section 413.65 of title 42, Code of Federal Regulations 
 (or a successor regulation); and
 ``
            (iii) after such provider has submitted 
 an attestation under clause
            (ii) , such provider 
 has submitted a subsequent attestation within 
 the timeframe specified by the Secretary.
 ``
        (B) Process for submission and review.--Not later 
 than 1 year after the date of enactment of this 
 paragraph, the Secretary shall, through notice and 
 comment rulemaking, establish a process for each 
 provider with an off-campus outpatient department of a 
 provider to submit an initial and subsequent 
 attestation pursuant to clauses
            (ii) and
            (iii) , 
 respectively, of subparagraph
        (A) , and for the 
 Secretary to review each such attestation and 
 determine, through site visits, remote audits, or other 
 means (as determined appropriate by the Secretary), 
 whether such department is compliant with the 
 requirements described in such subparagraph.
 ``
            (C) Off-campus outpatient department of a 
 provider defined.--For purposes of this paragraph, the 
 term `off-campus outpatient department of a provider' 
 means a department of a provider (as defined in 

section 413.65 of title 42, Code of Federal Regulations, or any 
 successor regulation) that is not located--
 ``
            (i) on the campus (as defined in such 
 section) of such provider; or
 ``
            (ii) within the distance (described in 
 such definition of campus) from a remote 
 location of a hospital facility (as defined in 
 such section).''.

    (b) HHS OIG Analysis.--Not later than January 1, 2030, the 
Inspector General of the Department of Health and Human Services shall 
submit to Congress--

    (1) an analysis of the process established by the Secretary 
 of Health and Human Services to conduct the reviews and 
 determinations described in 

section 1833

    (t)

    (23)
        (B) of the 
 Social Security Act, as added by subsection

    (a) of this 
 section; and

    (2) recommendations based on such analysis, as the 
 Inspector General determines appropriate.
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