What This Bill Does
This bill changes the rules for hospitals to show their prices to the public. The bill requires hospitals to publish price lists on their websites and makes sure hospitals cannot hide this pricing information from online search results. Hospitals that do not follow these rules can face daily fines.
Who It Affects
Hospitals operating in the United States and newly operating hospitals. The federal government (specifically the Secretary, a high-ranking government official).
Key Provisions
• Hospitals must create and update a public price list every year within 6 months of the law passing, and then every year after that. (Sec. 2(2)(A))
• Newly operating hospitals must publish their price lists within 6 months of opening and every year thereafter. (Sec. 2(2)(B))
• Hospitals cannot use website coding to hide required price information from online search results. (Sec. 2(3))
• Hospitals that fail to follow these rules face daily fines ranging from $600 per day for small hospitals (30 beds or fewer) to $11,000 per day for large hospitals (more than 550 beds). (Sec. 2(4)(A))
• The Secretary must publish a list of hospitals not following the rules, starting 280 days after the law passes and every 180 days after that. (Sec. 2(5))
What Changes
Hospitals must now follow strict timing requirements to publish prices and face daily financial penalties if they do not comply. Hospitals also cannot use technical methods to hide their pricing information from internet searches.
Important Definitions
None defined in the bill text.
II
118TH CONGRESS
1ST SESSION
S. 468
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 16, 2023
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 compli-
ance with hospital price transparency requirements, and
for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Hospital Transparency
4
Compliance Enforcement Act’’.
5
SEC. 2. HOSPITAL PRICE TRANSPARENCY REQUIREMENTS.
6
Section 2718(e) of the Public Health Service Act (42
7
U.S.C. 300gg–18(e)) is amended—
8
(1) by striking ‘‘Each hospital’’ and inserting
9
the following:
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•S 468 IS
‘‘(1) IN GENERAL.—Each hospital’’;
1
(2) by inserting ‘‘, in accordance with para-
2
graph (2)’’, after ‘‘for each year’’; and
3
(3) by adding at the end the following:
4
‘‘(2) TIMING REQUIREMENTS.—
5
‘‘(A) IN
GENERAL.—Each hospital oper-
6
ating in the United States on the date of enact-
7
ment of the Hospital Transparency Compliance
8
Enforcement Act shall, not later than 6 months
9
after such date of enactment and every year
10
thereafter, establish (and update) and make
11
public the list under paragraph (1).
12
‘‘(B) NEWLY OPERATING HOSPITALS.—In
13
the case of a hospital that begins operating in
14
the United States after the date of enactment
15
of the Hospital Transparency Compliance En-
16
forcement Act, the hospital shall comply with
17
the requirements described in subparagraph (A)
18
not later than 6 months after the date on which
19
the hospital begins such operation and every
20
year thereafter.
21
‘‘(3) PROHIBITION
ON
SHIELDING
INFORMA-
22
TION.—No hospital may shield the information re-
23
quired under paragraph (1) from online search re-
24
sults through webpage coding.
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•S 468 IS
‘‘(4) CIVIL MONETARY PENALTIES.—
1
‘‘(A) IN GENERAL.—A hospital that fails
2
to comply with the requirements of this sub-
3
section for a year shall be subject to a civil
4
monetary penalty of an amount not to exceed—
5
‘‘(i) in the case of a hospital with a
6
bed count of 30 or fewer, $600 for each
7
day in which the hospital fails to comply
8
with such requirements;
9
‘‘(ii) in the case of a hospital with a
10
bed count that is greater than 30 and
11
equal to or fewer than 550, $20 per bed
12
for each day in which the hospital fails to
13
comply with such requirements; or
14
‘‘(iii) in the case of a hospital with a
15
bed count that is greater than 550,
16
$11,000 for each day in which the hospital
17
fails to comply with such requirements.
18
‘‘(B) PROCEDURES.—
19
‘‘(i) IN GENERAL.—Except as other-
20
wise provided in this subsection, a civil
21
monetary penalty under subparagraph (A)
22
shall be imposed and collected in accord-
23
ance with part 180 of title 45, Code of
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•S 468 IS
Federal Regulations (or successor regula-
1
tions).
2
‘‘(ii) TIMING.—A hospital shall pay in
3
full a civil monetary penalty imposed on
4
the hospital under subparagraph (A) not
5
later than—
6
‘‘(I) 60 calendar days after the
7
date on which the Secretary issues a
8
notice of the imposition of such pen-
9
alty; or
10
‘‘(II) in the event the hospital re-
11
quests a hearing pursuant to subpart
12
D of part 180 of title 45, Code of
13
Federal Regulations (or successor reg-
14
ulations), 60 calendar days after the
15
date of a final and binding decision in
16
accordance with such subpart, to up-
17
hold, in whole or in part, the civil
18
monetary penalty.
19
‘‘(5) LIST
OF
HOSPITALS
NOT
IN
COMPLI-
20
ANCE.—The Secretary shall publish a list of the
21
name of each hospital that is not in compliance with
22
the requirements under this subsection. Such list
23
shall be published 280 days after the date of enact-
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ment of the Hospital Transparency Compliance En-
1
forcement Act and every 180 days thereafter.’’.
2
Æ
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