S. 3749 — Introduced in Senate

II 117th CONGRESS 2d Session S. 3749 IN THE SENATE OF THE UNITED STATES March 3, 2022Mr. 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. 1. Short title This Act may be cited as the Hospital Transparency Compliance Enforcement Act. 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 within the United States on the date on which the COVID–19 public health emergency terminates shall, not later than 100 days after such date 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 on which the COVID–19 public health emergency terminates, the hospital shall comply with the requirements described in subparagraph (A) not later than 100 days 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 COVID–19 public health emergency terminates and every 180 days thereafter. (6) Definition of COVID–19 public health emergency In this subsection, the term COVID–19 public health emergency means the public health emergency declared by the Secretary under section 319 with respect to COVID–19. .