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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3386 Introduced in House (IH)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect the Uninsured Act of 2019''.

SEC. 2. REQUIRING HOSPITALS AND CRITICAL ACCESS HOSPITALS TO PROVIDE 
              UNINSURED INDIVIDUALS WITH ACCESS TO THE LOWEST 
              NEGOTIATED RATE FOR ITEMS AND SERVICES FURNISHED TO SUCH 
              INDIVIDUALS.

    Section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) is 
amended by adding at the end the following new subsection:
    ``(t)(1) Any hospital or critical access hospital that, with 
respect to an item or service furnished by such hospital or critical 
access hospital to an uninsured individual (as defined in paragraph 
(2)) on or after the date that is 6 months after the date of the 
enactment of this subsection, holds such individual liable for an 
amount in excess of the lowest negotiated price (as defined in such 
paragraph) with respect to such item or service shall be subject to a 
civil monetary penalty in an amount equal to the difference between the 
amount such hospital or critical access hospital held such individual 
liable for with respect to such item or service and such lowest 
negotiated price. The provisions of subsections (c), (d), (g), and (h) 
shall apply to a civil monetary penalty under the preceding sentence in 
the same manner as such provisions apply to a penalty, assessment, or 
proceeding under subsection (a).
    ``(2) In this subsection:
            ``(A) The term `lowest negotiated price' means, with 
        respect to a hospital or critical access hospital and an item 
        or service, the lowest recognized amount such hospital or 
        critical access hospital has negotiated with any health 
        insurance issuer or group health plan (as such terms are 
        defined in section 2791 of the Public Health Service Act) with 
        which such hospital or critical access hospital contracts for 
        such item or service.
            ``(B) The term `uninsured individual' means an individual 
        who is not enrolled or otherwise covered under any health 
        insurance coverage, group health plan, or Federal health care 
        program (as defined in section 1128B(f)), or under the health 
        insurance program under chapter 89 of title 5, United States 
        Code.''.
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