SEC. 2. FINDINGS. 
Congress makes the following: 
(1) On September 28, 1928, Alexander Flem-
ing, a Scottish bacteriologist, discovered penicillin, 
forever changing healthcare by identifying an effec-
tive way to treat a wide range of infections which 
opened the doctor for numerous successful medical 
treatments. 
(2) Millions of patients believe they are allergic 
to penicillin, but information cited by the Centers 
for Disease Control and Prevention and recent med-
ical journal articles in the Journal of the American 
Medical Association and the Journal of Allergy and 
Clinical Immunology, shows that more than 90 per-
cent of patients who have a self-reported penicillin 
allergy in their electronic medical record can safely 
take penicillin after verification testing. 
(3) A 2020 medical research review found, peni-
cillin allergy is estimated to affect approximately 10 
percent of the population, and 15 percent of hos-
pitalized patients are labeled with a penicillin al-
lergy. 
(4) Penicillin allergy label is associated with 
poor patient outcomes including increased hospital 
length of stay, increased perioperative infections, 
VerDate Sep 11 2014 
07:22 Oct 05, 2024
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H9778.IH
H9778
kjohnson on DSK7ZCZBW3PROD with $$_JOB
and overall increased mortality according to the New 
England Journal of Medicine. 
(5) A 2018 paper in the Journal of Allergy and 
Clinical Immunology indicates that penicillin allergy 
evaluation by any means has been shown to be a 
cost-saving intervention. 
(6) Delabeling penicillin allergy is an important 
component of antibiotic stewardship and is endorsed 
by many professional organizations and public health 
bodies, including the American Academy of Allergy, 
Asthma & Immunology. 
(7) A 2023 study of adults 65 and older with 
a penicillin allergy label published in the Annals of 
Allergy, Asthma & Immunology found that 97 per-
cent were disproved after verification testing. 
SEC. 3. PENICILLIN ALLERGY VERIFICATION AND EVALUA-
TION FOR SENIORS. 
(a) INITIAL
PREVENTIVE
PHYSICAL
EXAMINA-
TION.—Section 1861(ww) of the Social Security Act (42 
U.S.C. 1395x(ww)) is amended— 
(1) In paragraph (1)— 
(A) 
by 
inserting 
‘‘penicillin 
allergy 
verification and evaluation (as defined in para-
graph (5)),’’ after ‘‘(as defined in paragraph 
(4)),’’; and 
VerDate Sep 11 2014 
07:22 Oct 05, 2024
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H9778.IH
H9778
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) in paragraph (2)— 
(A) by redesignating subparagraph (O) as 
subparagraph (P); and 
(B) by inserting after subparagraph (N) 
the following new subparagraph: 
‘‘(O) Penicillin allergy verification and 
evaluation.’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) For purposes of paragraph (1), the term 
‘penicillin 
allergy 
verification 
and 
evaluation’ 
means— 
‘‘(A) identification of individuals reporting 
a history of penicillin allergy; 
‘‘(B) consideration of whether the reported 
reaction history is consistent with an allergy or 
hypersensitivity reaction or can be reevaluated; 
‘‘(C) the provision of information on the 
adverse individual and public health impact of 
a penicillin allergy label; and 
‘‘(D) a referral to an allergy or immu-
nology specialist, as appropriate.’’. 
(b) 
ANNUAL
WELLNESS
VISIT.—Section 
1861(hhh)(2) of the Social Security Act (42 U.S.C. 
1395x(hhh)(2)) is amended— 
VerDate Sep 11 2014 
07:22 Oct 05, 2024
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H9778.IH
H9778
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) by redesignating subparagraph (I) as sub-
paragraph (J); and 
(2) by inserting after subparagraph (H) the fol-
lowing new subparagraph: 
‘‘(I) Penicillin allergy verification and eval-
uation (as defined in subsection (ww)(5)).’’. 
(c) RULE
OF
CONSTRUCTION.—Nothing in the 
amendments made by subsection (a) or (b) shall be con-
strued to prohibit separate payment for structured peni-
cillin allergy validation and evaluation services furnished 
to an individual on the same day as an initial preventive 
physical examination or an annual wellness visit. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to examinations and visits fur-
nished on or after January 1, 2025. 
Æ 
VerDate Sep 11 2014 
07:22 Oct 05, 2024
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H9778.IH
H9778
kjohnson on DSK7ZCZBW3PROD with $$_JOB