119-s729

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 729 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 729

 To amend the Public Health Service Act to enhance compliance with 
 hospital price transparency requirements, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 25, 2025

 Mr. Kennedy introduced the following bill; which was read twice and 
 referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

 A BILL

 To amend the Public Health Service Act to enhance compliance with 
 hospital price transparency requirements, 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 ``Hospital Transparency Compliance 
Enforcement Act''.

SEC. 2. HOSPITAL PRICE TRANSPARENCY REQUIREMENTS.

 

Section 2718

    (e) of the Public Health Service Act (42 U.S.C. 300gg-
18

    (e) ) is amended--

    (1) by striking ``Each hospital'' and inserting the 
 following:
 ``

    (1) In general.--Each hospital'';

    (2) by inserting ``, in accordance with paragraph

    (2) '', 
 after ``for each year''; and

    (3) by adding at the end the following:
 ``

    (2) Timing requirements.--
 ``
        (A) In general.--Each hospital operating in the 
 United States on the date of enactment of the Hospital 
 Transparency Compliance Enforcement Act shall, not 
 later than 6 months after such date of enactment and 
 every year thereafter, establish (and update) and make 
 public the list under paragraph

    (1) .
 ``
        (B) Newly operating hospitals.--In the case of a 
 hospital that begins operating in the United States 
 after the date of enactment of the Hospital 
 Transparency Compliance Enforcement Act, the hospital 
 shall comply with the requirements described in 
 subparagraph
        (A) not later than 6 months after the date 
 on which the hospital begins such operation and every 
 year thereafter.
 ``

    (3) Prohibition on shielding information.--No hospital 
 may shield the information required under paragraph

    (1) from 
 online search results through webpage coding.
 ``

    (4) Civil monetary penalties.--
 ``
        (A) In general.--A hospital that fails to comply 
 with the requirements of this subsection for a year 
 shall be subject to a civil monetary penalty of an 
 amount not to exceed--
 ``
            (i) in the case of a hospital with a bed 
 count of 30 or fewer, $600 for each day in 
 which the hospital fails to comply with such 
 requirements;
 ``
            (ii) in the case of a hospital with a bed 
 count that is greater than 30 and equal to or 
 fewer than 550, $20 per bed for each day in 
 which the hospital fails to comply with such 
 requirements; or
 ``
            (iii) in the case of a hospital with a 
 bed count that is greater than 550, $11,000 for 
 each day in which the hospital fails to comply 
 with such requirements.
 ``
        (B) Procedures.--
 ``
            (i) In general.--Except as otherwise 
 provided in this subsection, a civil monetary 
 penalty under subparagraph
        (A) shall be imposed 
 and collected in accordance with part 180 of 
 title 45, Code of Federal Regulations (or 
 successor regulations).
 ``
            (ii) Timing.--A hospital shall pay in 
 full a civil monetary penalty imposed on the 
 hospital under subparagraph
        (A) not later 
 than--
 ``
            (I) 60 calendar days after the 
 date on which the Secretary issues a 
 notice of the imposition of such 
 penalty; or
 ``
            (II) in the event the hospital 
 requests a hearing pursuant to subpart 
 D of part 180 of title 45, Code of 
 Federal Regulations (or successor 
 regulations), 60 calendar days after 
 the date of a final and binding 
 decision in accordance with such 
 subpart, to uphold, in whole or in 
 part, the civil monetary penalty.
 ``

    (5) List of hospitals not in compliance.--The Secretary 
 shall publish a list of the name of each hospital that is not 
 in compliance with the requirements under this subsection. Such 
 list shall be published 280 days after the date of enactment of 
 the Hospital Transparency Compliance Enforcement Act and every 
 180 days thereafter.''.
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