I 
117TH CONGRESS 
2D SESSION 
H. R. 9019 
To amend title XVIII of the Social Security Act to require complete and 
accurate data set submissions from Medicare Advantage organizations 
offering Medicare Advantage plans under part C of the Medicare program 
to improve transparency, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2022 
Ms. PORTER (for herself, Ms. DEGETTE, Mr. DOGGETT, Ms. SCHAKOWSKY, 
Mr. POCAN, Mr. GRIJALVA, Mr. TAKANO, Ms. CASTOR of Florida, Ms. 
DELAURO, and Ms. JAYAPAL) introduced the following bill; which was re-
ferred to the Committee on Ways and Means, and in addition to the 
Committee on Energy and Commerce, for a period to be subsequently de-
termined 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 XVIII of the Social Security Act to require 
complete and accurate data set submissions from Medi-
care Advantage organizations offering Medicare Advan-
tage plans under part C of the Medicare program to 
improve transparency, and for other purposes. 
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 ‘‘Medicare Advantage 
Consumer Protection and Transparency Act’’. 
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SEC. 2. MEDICARE ADVANTAGE SUPPLEMENTAL BENEFITS 
DATA. 
(a) IN GENERAL.—Section 1852(c) of the Social Se-
curity Act (42 U.S.C. 1395w–122(c)) is amended by add-
ing at the end the following new paragraph: 
‘‘(3) SUPPLEMENTAL BENEFITS DATA.— 
‘‘(A) SUBMISSIONS
TO
SECRETARY.—For 
each plan year beginning on or after January 1 
of the second year beginning on or after the 
date of enactment of this paragraph, a Medi-
care Advantage organization offering supple-
mental benefits described in subsection (a)(3) 
under a Medicare Advantage plan shall submit 
(or, in the case of such an organization that 
contracts with an entity (such as a third party 
contractor) to provide supplemental benefits in 
connection with such plan, require under such 
contract for the entity to submit), not later 
than 6 months after the end of the plan year, 
to the Secretary, in a clear, accurate, and 
standardized form in accordance with subpara-
graph (B) complete and accurate (as specified 
by the Secretary pursuant to subparagraph 
(B)) information, at the plan level and pre-
sented by coverage, service, or benefit type (as 
applicable), on such benefits offered under such 
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plan during the plan year, including regarding 
the following: 
‘‘(i) The type and nature of each sup-
plemental benefit so offered during such 
plan year. 
‘‘(ii) The number of Medicare Advan-
tage eligible individuals enrolled under plan 
during such plan year with coverage that 
enables access to such benefits. 
‘‘(iii) The number of Medicare Advan-
tage eligible individuals enrolled under the 
plan during such plan year who received a 
service with respect to each such supple-
mental benefit type so offered. 
‘‘(iv) The total plan and beneficiary 
expenditures made for such supplemental 
benefits, with respect to such plan year, 
excluding profits, administrative costs, and 
other overhead expenses. 
‘‘(v) The total beneficiary cost sharing 
for supplemental benefits, with respect to 
such plan year, reported in total bene-
ficiary expenditure and as a percentage of 
total expenditure. 
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‘‘(vi) All encounter data related to 
claims for supplemental benefits so offered, 
with respect to such plan year. 
‘‘(vii) All payment data, disaggregated 
by contributing payer, related to claims for 
supplemental benefits so offered, with re-
spect to such plan year. 
‘‘(viii) Such other information as spec-
ified by the Secretary. 
‘‘(B) REGULATIONS.—Not later than July 
1 of the first year beginning on or after the 
date of the enactment of this paragraph, for 
purposes of subparagraph (A), the Secretary 
shall, through rulemaking— 
‘‘(i) establish procedures to stand-
ardize the language used in describing sup-
plemental benefits (including categories of 
such benefits) and metrics; 
‘‘(ii) establish procedures to stand-
ardize the collection and evaluation of data 
under such subparagraph; 
‘‘(iii) analyze and publicly report, in 
common language, the standardized lan-
guage to be used by plans in describing 
supplemental benefits (including categories 
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