II 

117TH CONGRESS 

2D SESSION S. 3749 

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 

MARCH 3, 2022 

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: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 3749 IS

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 within the United States on the date on 

8 which the COVID–19 public health emergency 

9 terminates shall, not later than 100 days after 

10 such date and every year thereafter, establish 

11 (and update) and make public the list under 

12 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 on which the 

16 COVID–19 public health emergency terminates, 

17 the hospital shall comply with the requirements 

18 described in subparagraph (A) not later than 

19 100 days after the date on which the hospital 

20 begins such operation and every year thereafter. 

21 ‘‘(3) PROHIBITION ON SHIELDING INFORMA22 TION.—No hospital may shield the information re23 quired under paragraph (1) from online search re24 sults through webpage coding. 

25 ‘‘(4) CIVIL MONETARY PENALTIES.— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 3749 IS

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

2 to comply with the requirements of this sub3 section for a year shall be subject to a civil 

4 monetary penalty of an amount not to exceed— 

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

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

7 day in which the hospital fails to comply 

8 with such requirements; 

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

10 bed count that is greater than 30 and 

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

12 for each day in which the hospital fails to 

13 comply with such requirements; or 

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

15 bed count that is greater than 550, 

16 $11,000 for each day in which the hospital 

17 fails to comply with such requirements. 

18 ‘‘(B) PROCEDURES.— 

19 ‘‘(i) IN GENERAL.—Except as other20 wise provided in this subsection, a civil 

21 monetary penalty under subparagraph (A) 

22 shall be imposed and collected in accord23 ance with part 180 of title 45, Code of 

24 Federal Regulations (or successor regula25 tions). 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 3749 IS

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

2 full a civil monetary penalty imposed on 

3 the hospital under subparagraph (A) not 

4 later than— 

5 ‘‘(I) 60 calendar days after the 

6 date on which the Secretary issues a 

7 notice of the imposition of such pen8 alty; or 

9 ‘‘(II) in the event the hospital re10 quests a hearing pursuant to subpart 

11 D of part 180 of title 45, Code of 

12 Federal Regulations (or successor reg13 ulations), 60 calendar days after the 

14 date of a final and binding decision in 

15 accordance with such subpart, to up16 hold, in whole or in part, the civil 

17 monetary penalty. 

18 ‘‘(5) LIST OF HOSPITALS NOT IN COMPLI19 ANCE.—The Secretary shall publish a list of the 

20 name of each hospital that is not in compliance with 

21 the requirements under this subsection. Such list 

22 shall be published 280 days after the COVID–19 

23 public health emergency terminates and every 180 

24 days thereafter. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 3749 IS

1 ‘‘(6) DEFINITION OF COVID–19 PUBLIC HEALTH

2 EMERGENCY.—In this subsection, the term ‘COVID– 

3 19 public health emergency’ means the public health 

4 emergency declared by the Secretary under section 

5 319 with respect to COVID–19.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS