II 118th CONGRESS 1st Session S. 468 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to enhance compliance with hospital price transparency requirements, and for other purposes.

1. Short title This Act may be cited as the Hospital Transparency Compliance Enforcement Act . 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 in the United States on the date of enactment of the Hospital Transparency Compliance Enforcement Act shall, not later than 6 months after such date of enactment 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 of enactment of the Hospital Transparency Compliance Enforcement Act , the hospital shall comply with the requirements described in subparagraph (A) not later than 6 months 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 date of enactment of the Hospital Transparency Compliance Enforcement Act and every 180 days thereafter. .