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 compliance with hospital price transparency requirements, and 

for other purposes. 

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 ‘‘Hospital Transparency 

5 Compliance Enforcement Act’’. 

6 SEC. 2. HOSPITAL PRICE TRANSPARENCY REQUIREMENTS. 

7 Section 2718(e) of the Public Health Service Act (42 

8 U.S.C. 300gg–18(e)) is amended— 

9 (1) by striking ‘‘Each hospital’’ and inserting 

10 the following: 


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1 ‘‘(1) IN GENERAL.—Each hospital’’; 

2 (2) by inserting ‘‘, in accordance with para3 graph (2)’’, after ‘‘for each year’’; and 

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

5 ‘‘(2) TIMING REQUIREMENTS.— 

6 ‘‘(A) IN GENERAL.—Each hospital oper7 ating in the United States on the date of enact8 ment of the Hospital Transparency Compliance 

9 Enforcement Act shall, not later than 6 months 

10 after such date of enactment and every year 

11 thereafter, establish (and update) and make 

12 public the list under paragraph (1). 

13 ‘‘(B) NEWLY OPERATING HOSPITALS.—In 

14 the case of a hospital that begins operating in 

15 the United States after the date of enactment 

16 of the Hospital Transparency Compliance En17 forcement Act, the hospital shall comply with 

18 the requirements described in subparagraph (A) 

19 not later than 6 months after the date on which 

20 the hospital begins such operation and every 

21 year thereafter. 

22 ‘‘(3) PROHIBITION ON SHIELDING INFORMA23 TION.—No hospital may shield the information re24 quired under paragraph (1) from online search re25 sults through webpage coding. 


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1 ‘‘(4) CIVIL MONETARY PENALTIES.— 

2 ‘‘(A) IN GENERAL.—A hospital that fails 

3 to comply with the requirements of this sub4 section for a year shall be subject to a civil 

5 monetary penalty of an amount not to exceed— 

6 ‘‘(i) in the case of a hospital with a 

7 bed count of 30 or fewer, $600 for each 

8 day in which the hospital fails to comply 

9 with such requirements; 

10 ‘‘(ii) in the case of a hospital with a 

11 bed count that is greater than 30 and 

12 equal to or fewer than 550, $20 per bed 

13 for each day in which the hospital fails to 

14 comply with such requirements; or 

15 ‘‘(iii) in the case of a hospital with a 

16 bed count that is greater than 550, 

17 $11,000 for each day in which the hospital 

18 fails to comply with such requirements. 

19 ‘‘(B) PROCEDURES.— 

20 ‘‘(i) IN GENERAL.—Except as other21 wise provided in this subsection, a civil 

22 monetary penalty under subparagraph (A) 

23 shall be imposed and collected in accord24 ance with part 180 of title 45, Code of 


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1 Federal Regulations (or successor regula2 tions). 

3 ‘‘(ii) TIMING.—A hospital shall pay in 

4 full a civil monetary penalty imposed on 

5 the hospital under subparagraph (A) not 

6 later than— 

7 ‘‘(I) 60 calendar days after the 

8 date on which the Secretary issues a 

9 notice of the imposition of such pen10 alty; or 

11 ‘‘(II) in the event the hospital re12 quests a hearing pursuant to subpart 

13 D of part 180 of title 45, Code of 

14 Federal Regulations (or successor reg15 ulations), 60 calendar days after the 

16 date of a final and binding decision in 

17 accordance with such subpart, to up18 hold, in whole or in part, the civil 

19 monetary penalty. 

20 ‘‘(5) LIST OF HOSPITALS NOT IN COMPLI21 ANCE.—The Secretary shall publish a list of the 

22 name of each hospital that is not in compliance with 

23 the requirements under this subsection. Such list 

24 shall be published 280 days after the date of enactVerDate Sep 11 2014 00:31 Mar 04, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S468.IS S468

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1 ment of the Hospital Transparency Compliance En2 forcement Act and every 180 days thereafter.’’. 

Æ 


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