I 
117TH CONGRESS 
2D SESSION 
H. R. 8885 
To amend the Public Health Service Act, Internal Revenue Code of 1986, 
and Employee Retirement Income Security Act of 1974 to provide for 
provider directory improvements to enhance enrollee, participant, and 
beneficiary access to care. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 19, 2022 
Mr. KILDEE (for himself, Mr. WENSTRUP, and Mr. HERN) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committees on Ways and Means, and Edu-
cation and Labor, 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 the Public Health Service Act, Internal Revenue 
Code of 1986, and Employee Retirement Income Security 
Act of 1974 to provide for provider directory improve-
ments to enhance enrollee, participant, and beneficiary 
access to care. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Better Health Care 
Directories Act’’. 
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SEC. 2. PROVIDER DIRECTORY IMPROVEMENTS TO EN-
HANCE ENROLLEE, PARTICIPANT, AND BENE-
FICIARY ACCESS. 
(a) PROVIDER DIRECTORY INFORMATION TO IN-
CLUDE IF PROVIDER IS ACCEPTING NEW PATIENTS.— 
(1) GROUP HEALTH PLAN AND HEALTH INSUR-
ANCE ISSUER REQUIREMENT.— 
(A) PHSA.—Section 2799A–5(a)(6) of the 
Public Health Service Act (42 U.S.C. 300gg– 
115(a)(6)) is amended by inserting before the 
period at the end the following: ‘‘as well as in-
formation (which shall be updated at least an-
nually) furnished to the plan by such provider 
or facility on whether such provider or facility 
is accepting new patients and, if so, if an in- 
person appointment or telehealth appointment 
(or either) is available for such patients’’. 
(B) IRC.—Section 9820(a)(6) of the Inter-
nal Revenue Code of 1986 is amended by in-
serting before the period at the end the fol-
lowing: ‘‘as well as information (which shall be 
updated at least annually) furnished to the plan 
by such provider or facility on whether such 
provider or facility is accepting new patients 
and, if so, if an in-person appointment or tele-
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health appointment (or either) is available for 
such patients’’. 
(C) ERISA.—Section 720(a)(6) of the 
Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1185i(a)(6)) is amended by in-
serting before the period at the end the fol-
lowing: ‘‘as well as information (which shall be 
updated at least annually) furnished to the plan 
by such provider or facility on whether such 
provider or facility is accepting new patients 
and, if so, if an in-person appointment or tele-
health appointment (or either) is available for 
such patients’’. 
(2) 
PROVIDER
REQUIREMENT.—Section 
2799B–9(d) of the Public Health Service Act (42 
U.S.C. 300gg–139(d)) is amended by inserting be-
fore the period at the end the following: ‘‘as well as 
information (which shall be updated at least annu-
ally) on whether such provider or facility is accept-
ing new patients and, if so, if an in-person appoint-
ment or telehealth appointment (or either) is avail-
able for such patients’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this section shall apply for plan years beginning 
on or after January 1, 2025. 
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(b) MACHINE READABLE FORMAT
AND PUBLIC 
POSTING.— 
(1) PHSA.—Section 2799A–5(a) of the Public 
Health Service Act (42 U.S.C. 300gg–115(a)) is 
amended— 
(A) in paragraph (1)— 
(i) in subparagraph (C), by striking at 
the end ‘‘and’’; 
(ii) in subparagraph (D), by striking 
at the end the period and adding ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(E) for plan years beginning on or after 
January 1, 2025, annually submit the provider 
directory information under paragraph (6), with 
respect to such plan or coverage, to the Sec-
retary in a machine-readable file (as defined in 
section 147.210(a)(2)(xiv) of title 45, Code of 
Federal Regulations, or any successor regula-
tion).’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(8) PUBLIC POSTING BY SECRETARY OF PRO-
VIDER
DIRECTORIES.—Beginning not later than 
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July 1, 2025, the Secretary, in coordination with the 
Secretary of Labor and the Secretary of the Treas-
ury, shall make the information submitted pursuant 
to paragraph (1)(E) available on a public Federal 
Government website.’’. 
(2) IRC.—Section 9820(a) of the Internal Rev-
enue Code of 1986 is amended— 
(A) in paragraph (1)— 
(i) in subparagraph (C), by striking at 
the end ‘‘and’’; 
(ii) in subparagraph (D), by striking 
at the end the period and adding ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(E) for plan years beginning on or after 
January 1, 2025, annually submit the provider 
directory information under paragraph (6), with 
respect to such plan, to the Secretary in a ma-
chine-readable file (as defined in section 
54.9815–2715A1(a)(2)(xiv) of title 26, Code of 
Federal Regulations, or any successor regula-
tion).’’; and 
(B) by adding at the end the following new 
paragraph: 
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‘‘(8) PUBLIC POSTING BY SECRETARY OF PRO-
VIDER
DIRECTORIES.—Beginning not later than 
July 1, 2025, the Secretary, in coordination with the 
Secretary of Labor and the Secretary of Health and 
Human Services, shall make the information sub-
mitted pursuant to paragraph (1)(E) available on a 
public Federal Government website.’’. 
(3) ERISA.—Section 720(a) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1185i(a)) is amended— 
(A) in paragraph (1)— 
(i) in subparagraph (C), by striking at 
the end ‘‘and’’; 
(ii) in subparagraph (D), by striking 
at the end the period and adding ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(E) for plan years beginning on or after 
January 1, 2025, annually submit the provider 
directory information under paragraph (6), with 
respect to such plan or coverage, to the Sec-
retary in a machine-readable file (as defined in 
section 2590.715–2715A1(a)(2)(xiii) of title 29, 
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Code of Federal Regulations, or any successor 
regulation).’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(8) PUBLIC POSTING BY SECRETARY OF PRO-
VIDER
DIRECTORIES.—Beginning not later than 
July 1, 2025, the Secretary, in coordination with the 
Secretary of the Treasury and the Secretary of 
Health and Human Services, shall make the infor-
mation submitted pursuant to paragraph (1)(E) 
available on a public Federal Government website.’’. 
(c) IMPLEMENTATION.—The Secretaries of Labor, 
Health and Human Services, and the Treasury may imple-
ment the provisions of, including the amendments made 
by, this section through interim final rule, sub-regulatory 
guidance, program instruction, or otherwise. 
Æ 
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