Hospital Transparency Compliance Enforcement Act
Bill: S.3749 | Sponsor: Sen. Kennedy, John (R-LA)
Policy area: Health

Summary:
Hospital Transparency Compliance Enforcement Act
This bill increases the monetary penalties for noncompliance with the requirement that hospitals publish, and periodically update, a list of their standard charges for items and services.

To amend the Public Health Service Act to enhance compliance with 
   hospital price transparency requirements, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hospital Transparency Compliance 
Enforcement Act''.

SEC. 2. HOSPITAL PRICE TRANSPARENCY REQUIREMENTS.

    Section 2718(e) of the Public Health Service Act (42 U.S.C. 300gg-
18(e)) is amended--
            (1) by striking ``Each hospital'' and inserting the 
        following:
            ``(1) In general.--Each hospital'';
            (2) by inserting ``, in accordance with paragraph (2)'', 
        after ``for each year''; and
            (3) by adding at the end the following:
            ``(2) Timing requirements.--
                    ``(A) In general.--Each hospital operating within 
                the United States on the date on which the COVID-19 
                public health emergency terminates shall, not later 
                than 100 days after such date and every year 
                thereafter, establish (and update) and make public the 
                list under paragraph (1).
                    ``(B) Newly operating hospitals.--In the case of a 
                hospital that begins operating in the United States 
                after the date on which the COVID-19 public health 
                emergency terminates, the hospital shall comply with 
                the requirements described in subparagraph (A) not 
                later than 100 days after the date on which the 
                hospital begins such operation and every year 
                thereafter.
            ``(3) Prohibition on shielding information.--No hospital 
        may shield the information required under paragraph (1) from 
        online search results through webpage coding.
            ``(4) Civil monetary penalties.--
                    ``(A) In general.--A hospital that fails to comply 
                with the requirements of this subsection for a year 
                shall be subject to a civil monetary penalty of an 
                amount not to exceed--
                            ``(i) in the case of a hospital with a bed 
                        count of 30 or fewer, $600 for each day in 
                        which the hospital fails to comply with such 
                        requirements;
                            ``(ii) in the case of a hospital with a bed 
                        count that is greater than 30 and equal to or 
                        fewer than 550, $20 per bed for each day in 
                        which the hospital fails to comply with such 
                        requirements; or
                            ``(iii) in the case of a hospital with a 
                        bed count that is greater than 550, $11,000 for 
                        each day in which the hospital fails to comply 
                        with such requirements.
                    ``(B) Procedures.--
                            ``(i) In general.--Except as otherwise 
                        provided in this subsection, a civil monetary 
                        penalty under subparagraph (A) shall be imposed 
                        and collected in accordance with part 180 of 
                        title 45, Code of Federal Regulations (or 
                        successor regulations).
                            ``(ii) Timing.--A hospital shall pay in 
                        full a civil monetary penalty imposed on the 
                        hospital under subparagraph (A) not later 
                        than--
                                    ``(I) 60 calendar days after the 
                                date on which the Secretary issues a 
                                notice of the imposition of such 
                                penalty; or
                                    ``(II) in the event the hospital 
                                requests a hearing pursuant to subpart 
                                D of part 180 of title 45, Code of 
                                Federal Regulations (or successor 
                                regulations), 60 calendar days after 
                                the date of a final and binding 
                                decision in accordance with such 
                                subpart, to uphold, in whole or in 
                                part, the civil monetary penalty.
            ``(5) List of hospitals not in compliance.--The Secretary 
        shall publish a list of the name of each hospital that is not 
        in compliance with the requirements under this subsection. Such 
        list shall be published 280 days after the COVID-19 public 
        health emergency terminates and every 180 days thereafter.
            ``(6) Definition of covid-19 public health emergency.--In 
        this subsection, the term `COVID-19 public health emergency' 
        means the public health emergency declared by the Secretary 
        under section 319 with respect to COVID-19.''.
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