I 
119TH CONGRESS 
1ST SESSION H. R. 2314 
To amend title XVIII of the Social Security Act to require hospitals with 
approved medical residency training programs to submit to the Secretary 
of Health and Human Services certain information regarding osteopathic 
and allopathic candidates for such programs. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 25, 2025 
Mrs. HARSHBARGER (for herself, Ms. PINGREE, Mr. GRAVES, Mrs. MILLER 
of West Virginia, and Mr. DAVIS of North Carolina) introduced the fol-
lowing bill; which was referred to the Committee on Ways and Means 
A BILL 
To amend title XVIII of the Social Security Act to require 
hospitals with approved medical residency training pro-
grams to submit to the Secretary of Health and Human 
Services certain information regarding osteopathic and 
allopathic candidates for such programs. 
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 ‘‘Fair Access In Resi-
dency Act of 2025’’ or the ‘‘FAIR Act of 2025’’. 
VerDate Sep 11 2014 
20:02 Mar 31, 2025
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2314.IH
H2314
ssavage on LAPJG3WLY3PROD with BILLS
SEC. 2. ENCOURAGING MORE EQUITABLE TREATMENT OF 
OSTEOPATHIC 
AND 
ALLOPATHIC 
CAN-
DIDATES IN RESIDENCY APPLICATION AND 
REVIEW PROCESS. 
(a) IN GENERAL.—Section 1886(d)(5)(B) of the So-
cial Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amend-
ed— 
(1) in clause (i), by inserting at the end the fol-
lowing new sentence: ‘‘For discharges occurring on 
or after October 1, 2026, the amount determined 
under the previous sentence for a hospital shall be 
reduced by 2 percent for each prior fiscal year (be-
ginning with fiscal year 2025) for which the hospital 
has not submitted to the Secretary the information 
described in subclause (xiv).’’; and 
(2) by adding at the end the following new 
clause: 
‘‘(xiv) For purposes of clause (i), the informa-
tion described in this clause is, with respect to a 
hospital and a fiscal year, the following: 
‘‘(I) The number of applicants for resi-
dency in each of the hospital’s approved medical 
residency training programs beginning in such 
fiscal year— 
‘‘(aa) 
from 
osteopathic 
medical 
schools; and 
VerDate Sep 11 2014 
20:02 Mar 31, 2025
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2314.IH
H2314
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(bb) from allopathic medical schools. 
‘‘(II) The number of such applicants ac-
cepted into each such program beginning in 
such fiscal year from each such type of medical 
school. 
‘‘(III) An affirmation that— 
‘‘(aa) the policy of the hospital is to 
consider for acceptance to each such pro-
gram applicants from both osteopathic and 
allopathic medical schools; and 
‘‘(bb) in the case that the hospital re-
quires applicants to submit an examination 
score as a prerequisite for acceptance in 
such a program, the hospital accepts scores 
from, at the election of the applicant, ei-
ther the Comprehensive Osteopathic Med-
ical Licensing Examination of the United 
States or the United States Medical Li-
censing Examination.’’. 
(b) PUBLICATION.—The Secretary of Health and 
Human Services shall publish on a public website the in-
formation described in subclauses (I) and (II) of section 
1886(d)(5)(B)(xiv) of the Social Security Act, as added 
by subsection (a), and the affirmation described in sub-
clause (III) of such section, that is submitted by a hospital 
VerDate Sep 11 2014 
20:02 Mar 31, 2025
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2314.IH
H2314
ssavage on LAPJG3WLY3PROD with BILLS
with respect to an approved medical residency training 
program (as defined in section 1886(d)(h)(A) of the Social 
Security Act (42 U.S.C. 1395ww(d)(h)(A)) for each fiscal 
year (beginning with fiscal year 2025). 
(c) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed as federalizing medical education, or as 
establishing a mandate for an approved medical residency 
training program (as defined in section 1886(d)(h)(A) of 
the Social Security Act (42 U.S.C. 1395ww(d)(h)(A)) to 
accept students (or to accept a certain number of stu-
dents) from osteopathic or allopathic medical schools. 
Æ 
VerDate Sep 11 2014 
20:02 Mar 31, 2025
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H2314.IH
H2314
ssavage on LAPJG3WLY3PROD with BILLS