I 

118TH CONGRESS 

1ST SESSION H. R. 751 

To amend title XVIII of the Social Security Act to require as a condition 

of satisfying the definition of an approved medical residency training 

program for purposes of payments under Medicare for costs related 

to graduate medical education for hospitals operating such a program 

to submit information to encourage more equitable treatment of osteopathic and allopathic candidates in the residency application and review 

process, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Mrs. HARSHBARGER (for herself, Ms. PINGREE, Mr. GRAVES of Missouri, and 

Mr. GOLDEN of Maine) introduced the following bill; which was referred 

to the Committee on Ways and Means, and in addition to the Committee 

on Energy and Commerce, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to require 

as a condition of satisfying the definition of an approved 

medical residency training program for purposes of payments under Medicare for costs related to graduate medical education for hospitals operating such a program 

to submit information to encourage more equitable treatment of osteopathic and allopathic candidates in the residency application and review process, and for other purposes. 


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•HR 751 IH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Access In Resi5 dency Act’’ or the ‘‘FAIR Act’’. 

6 SEC. 2. ENCOURAGING MORE EQUITABLE TREATMENT OF 

7 OSTEOPATHIC AND ALLOPATHIC CAN8 DIDATES IN RESIDENCY APPLICATION AND 

9 REVIEW PROCESS. 

10 (a) IN GENERAL.—Section 1886(h)(5)(A) of the So11 cial Security Act (42 U.S.C. 1395ww(h)(5)(A)) is amend12 ed by adding at the end the following: ‘‘Such term shall 

13 not include a program operated by a hospital, with respect 

14 to a year (beginning with 2024), unless such hospital sub15 mits to the Secretary for such year— 

16 ‘‘(i) the number of applicants for resi17 dency in such program who are from osteo18 pathic medical schools and the number 

19 who are from allopathic medical schools; 

20 ‘‘(ii) the number of such applicants 

21 who were accepted into such program from 

22 each of such types of medical school; and 

23 ‘‘(iii) an affirmation that— 

24 ‘‘(I) the hospital accepts appli25 cants for such program from both osVerDate Sep 11 2014 20:41 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H751.IH H751

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•HR 751 IH

1 teopathic and allopathic medical 

2 schools; and 

3 ‘‘(II) if an examination score is 

4 required for acceptance in such pro5 gram, the Comprehensive Osteopathic 

6 Medical Licensing Examination of the 

7 United States (COMLEX–USA) and 

8 the United States Medical Licensing 

9 Examination (USMLE) are equally 

10 accepted.’’. 

11 (b) PUBLICATION.—The Secretary of Health and 

12 Human Services shall publish on a public website the in13 formation described in clauses (i) and (ii) of section 

14 1886(h)(5)(A) of the Social Security Act, and the affirma15 tion described in clause (iii) of such section, submitted by 

16 each approved medical residency training program for 

17 each year (beginning with 2024). 

Æ 


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