,,ii #aaith ,,congress #ast ,session ,s4 #bihi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #h1 #bjbe,mr4 ,markey 7for himself1 ,mr4 ,blumenthal1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to prohibit certain sales or leases of real property for a health care entity if the terms of such a sale or lease would lead to long-term weakened financial status of the health care entity or place the public health at risk1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,medical ,profiteering and ,theft ,act or the ,stop ,,mpt ,act4 #b4 ,limitation on the use of real estate investment trusts in health care 7a7 ,in general 7#a7 ,prohibition ,no health care entity or covered firm may enter into agreement to sell to1 or lease from1 a real estate investment trust 7as defined in section #hef of the ,internal ,revenue ,code of #aihf7 an interest in real property if the terms of such sale or lease would lead to long-term weakened financial status of the health care entity or place the public health at risk4 7#b7 ,review of sale or lease terms 7,a7 ,in general ,the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall require each health care entity1 or the covered firm that owns such health care entity1 seeking to enter into an agreement described in paragraph 7#a7 to submit to the ,secretary for review the terms of the sale or lease1 as applicable4 7,b7 ,standard ,in conducting a review of a sale or lease under subparagraph 7,a71 the ,secretary shall determine whether the terms of such sale or lease would lead to long-term weakened financial status of the health care entity or place the public health at risk4 7,c7 ,consultation ,the ,secretary may consult with the relevant ,state attorney general in conducting a review under subparagraph 7,a74 7#c7 ,litigation authority ,except as provided in section #eah of title #bh1 ,united ,states ,code 7relating to litigation before the ,supreme ,court71 attorneys designated by the ,secretary may appear for the ,department of ,health and ,human ,services and represent the ,department in any civil action brought in connection with a violation of paragraph 7#a74 7b7 ,enforcement 7#a7 ,state enforcement 7,a7 ,state authority ,each ,state may require a person subject to the requirements of this section to satisfy such requirements applicable to the person4 7,b7 ,failure to implement requirements ,in the case of a ,state that fails to substantially enforce the requirements of this section with respect to applicable persons in the ,state1 the ,secretary shall enforce the requirements of this section under paragraph 7#b7 to the extent that such requirements relate to actions prohibited under this section occurring in such ,state4 7#b7 ,secretarial enforcement authority ,if a person is found by the ,secretary to be in violation of this section1 the ,secretary may apply a civil monetary penalty with respect to such person in an amount not to exceed #aj1jjj per violation4 7#c7 ,continued applicability of ,state law ,this section shall not be construed to supersede any provision of ,state law that establishes1 implements1 or continues in effect any requirement or prohibition except to the extent that such requirement or prohibition prevents the application of a requirement or prohibition of this section4 7c7 ,definitions ,in this section3 7#a7 ,affiliate ,the term affiliate means-- 7,a7 a person that directly or indirectly owns1 controls1 or holds with power to vote1 #bj percent or more of the outstanding voting securities of another entity1 other than a person that holds such securities-- 7i7 in a fiduciary or agency capacity without sole discretionary power to vote such securities2 or 7ii7 solely to secure a debt1 if such entity has not in fact exercised such power to vote2 7,b7 a corporation #bj percent or more of whose outstanding voting securities are directly or indirectly owned1 controlled1 or held with power to vote1 by another entity 7referred to in this subparagraph as a covered entity71 or by an entity that directly or indirectly owns1 controls1 or holds with power to vote1 #bj percent or more of the outstanding voting securities of the covered entity1 other than an entity that holds such securities-- 7i7 in a fiduciary or agency capacity without sole discretionary power to vote such securities2 or 7ii7 solely to secure a debt1 if such entity has not in fact exercised such power to vote2 7,c7 a person whose business is operated under a lease or operating agreement by another entity1 or person substantially all of whose property is operated under an operating agreement with that other entity2 or 7,d7 an entity that operates the business or substantially all of the property of another entity under a lease or operating agreement4 7#b7 ,corporation ,the term corporation means-- 7,a7 a joint-stock company2 7,b7 a company or partnership association organized under a law that makes only the capital subscribed or callable up to a specified amount responsible for the debts of the association1 including a limited partnership and a limited liability company2 7,c7 a trust2 or 7,d7 an association having a power or privilege that a private corporation1 but not an individual or a partnership1 possesses4 7#c7 ,covered firm ,the term covered firm means a for-profit corporation that owns or is an affiliate of a health care entity4 7#d7 ,health care entity ,the term health care entity means an entity that consists of #a or more of the following health care providers3 7,a7 ,a hospital4 7,b7 ,a physician practice4 7,c7 ,a skilled nursing facility4 7,d7 ,a hospice facility4 7,e7 ,a mental or behavioral health care provider4 7,f7 ,an opioid treatment program4 7,g7 ,a provider of services 7as defined in section #ahfa7u7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7u77 or a supplier 7as defined in section #ahfa7;d7 of such ,act 7#db ,u4,s4,c4 #acie7;d7777 enrolled in the ,medicare program4 7,h7 ,any other entity the ,secretary determines appropriate4 #c4 ,treatment of rents from qualified health care property 7a7 ,in general ,section #hef7;d77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of subparagraph 7,b71 by striking the period and inserting 1 and at the end of subparagraph 7,c71 and by adding at the end the following new subparagraph3 7,d7 notwithstanding paragraphs 7#d71 7#f71 and 7#h71 any amount received or accrued directly or indirectly from qualified health care property 7as defined in subsection 7e77#f77;,d77i774 4 7b7 ,conforming amendments 7#a7 ,section #hef7;d77#h77;,b7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by striking or a qualified health care property 7as defined in subsection 7e77#f77;,d77i771 and 7,b7 by striking qualified health care property or4 7#b7 ,section #hef7;d77#i7 of such ,code is amended-- 7,a7 by striking or a qualified health care property 7as defined in subsection 7e77#f77;,d77i77 in subparagraph 7,a71 7,b7 by striking or qualified health care property each place it appears in subparagraph 7,a7 and 7,b71 and 7,c7 by striking or qualified health care properties in subparagraph 7,a74 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4