‘‘(D) whether such provider accepts tele-
health appointments. The Secretary shall up-
date the information published under the pre-
vious sentence not less frequently than annu-
ally. 
The Secretary shall update the information pub-
lished under this paragraph not less frequently than 
annually. 
‘‘(2) TREATMENT OF GROUP PRACTICES.—For 
purposes of the list described in paragraph (1), the 
Secretary shall list each individual health care pro-
vider separately, regardless of whether such provider 
is part of a group practice. 
‘‘(e) SERVICE AREA DEFINITION.—For purposes of 
this section, the term ‘service area’ means, with respect 
to a group health plan, the area or areas in which in-per-
son participants and beneficiaries are covered, as deter-
mined by the plan in accordance with rules specified by 
the Secretary in consultation with the Secretaries of 
Health and Human Services and of Labor.’’. 
(2) TECHNICAL
AMENDMENT.—The table of 
sections for such subchapter is amended by adding 
at the end the following new item: 
‘‘Sec. 9826. Required disclosure of percentage of in-network participation for 
certain provider types.’’. 
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(d) PROVIDER REQUIREMENTS.—Part E of title 
XXVII of the Public Health Service Act (42 U.S.C. 
300gg–131 et seq.) is amended by adding at the end the 
following new section: 
‘‘SEC. 2799B–10. PROVISION OF CERTAIN INFORMATION TO 
THE SECRETARY. 
‘‘(a) IN GENERAL.—Subject to subsection (b), in the 
case of a health care provider or health care facility that 
is a specified provider (as described in subsection (b) of 
section 2799A–11), such provider or facility shall, annu-
ally at a time and in a manner specified by the Secretary, 
provide to the Secretary such information as the Secretary 
determines necessary to carry out subsection (d) of such 
section. 
‘‘(b) EXCEPTION.—Subsection (a) shall not apply in 
the case of a specified provider that has not, during the 
1-year period ending on the date that information de-
scribed in subsection (a) would be required to be sub-
mitted to the Secretary by such provider without applica-
tion of this subsection, submitted any claim for an item 
or service under a Federal health care program (as defined 
in section 1128B of the Social Security Act), the program 
established under chapter 89 of title 5, United States 
Code, or a group health plan or group or individual health 
insurance coverage.’’. 
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(e) REPORT.—Not later than December 31, 2027, 
and annually thereafter, the Secretary of Health and 
Human Services shall submit to Congress a report on the 
participation of behavioral health care and substance use 
disorder treatment providers in networks established by 
group health plan and health insurance issuers offering 
group or individual health insurance coverage (as such 
terms are defined in section 2791 of the Public Health 
Service Act (42 U.S.C. 300gg–91)). Each such report 
shall include data and analysis relating to service areas 
(as defined in section 2799A–11 of such Act) of such plans 
and issuers that the Secretary has identified as having low 
participation rates with respect to such providers’ partici-
pation in such networks. 
(f) IMPLEMENTATION.—The Secretaries of Labor, 
Health and Human Services, and the Treasury may imple-
ment the amendments made by this section through in-
terim final rule, subregulatory guidance, program instruc-
tion, or otherwise. 
(g) FUNDING.—In addition to amounts otherwise 
available for such purposes, there is appropriated 
$15,000,000, to remain available until expended, for pur-
poses of carrying out this section. 
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(h) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to plan years begin-
ning on or after January 1, 2027. 
Æ 
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