I 

116TH CONGRESS 

1ST SESSION H. R. 3386 

To amend title XI of the Social Security Act to require hospitals and critical 

access hospitals to provide uninsured individuals with access to the lowest 

negotiated rate for items and services furnished to such individuals. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 20, 2019 

Mr. COLLINS of New York introduced the following bill; which was referred 

to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 XI of the Social Security Act to require 

hospitals and critical access hospitals to provide uninsured individuals with access to the lowest negotiated 

rate for items and services furnished to such individuals. 

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 ‘‘Protect the Uninsured 

5 Act of 2019’’. 


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1 SEC. 2. REQUIRING HOSPITALS AND CRITICAL ACCESS 

2 HOSPITALS TO PROVIDE UNINSURED INDI3 VIDUALS WITH ACCESS TO THE LOWEST NE4 GOTIATED RATE FOR ITEMS AND SERVICES 

5 FURNISHED TO SUCH INDIVIDUALS. 

6 Section 1128A of the Social Security Act (42 U.S.C. 

7 1320a–7a) is amended by adding at the end the following 

8 new subsection: 

9 ‘‘(t)(1) Any hospital or critical access hospital that, 

10 with respect to an item or service furnished by such hos11 pital or critical access hospital to an uninsured individual 

12 (as defined in paragraph (2)) on or after the date that 

13 is 6 months after the date of the enactment of this sub14 section, holds such individual liable for an amount in ex15 cess of the lowest negotiated price (as defined in such 

16 paragraph) with respect to such item or service shall be 

17 subject to a civil monetary penalty in an amount equal 

18 to the difference between the amount such hospital or crit19 ical access hospital held such individual liable for with re20 spect to such item or service and such lowest negotiated 

21 price. The provisions of subsections (c), (d), (g), and (h) 

22 shall apply to a civil monetary penalty under the preceding 

23 sentence in the same manner as such provisions apply to 

24 a penalty, assessment, or proceeding under subsection (a). 

25 ‘‘(2) In this subsection: 


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1 ‘‘(A) The term ‘lowest negotiated price’ means, 

2 with respect to a hospital or critical access hospital 

3 and an item or service, the lowest recognized amount 

4 such hospital or critical access hospital has nego5 tiated with any health insurance issuer or group 

6 health plan (as such terms are defined in section 

7 2791 of the Public Health Service Act) with which 

8 such hospital or critical access hospital contracts for 

9 such item or service. 

10 ‘‘(B) The term ‘uninsured individual’ means an 

11 individual who is not enrolled or otherwise covered 

12 under any health insurance coverage, group health 

13 plan, or Federal health care program (as defined in 

14 section 1128B(f)), or under the health insurance 

15 program under chapter 89 of title 5, United States 

16 Code.’’. 

Æ 


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