II 118th CONGRESS 1st Session S. 3327 IN THE SENATE OF THE UNITED STATES November 15, 2023 Mr. Braun (for himself and Mr. Budd ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services to publish a list of hospitals found to be in noncompliance with the hospital price transparency rule.

1. Short title This Act may be cited as the Expose Hospitals Violating Price Transparency Act . 2. Publication of list of hospitals (a) List of hospitals Beginning not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish and maintain a publicly available list, on the website of the Centers for Medicare & Medicaid Services, of each hospital that— (1) is not in compliance with the hospital price transparency rule implementing section 2718(e) of the Public Health Service Act ( 42 U.S.C. 300gg–18(e) ), and that, with respect to such noncompliance— (A) has been issued a civil monetary penalty; (B) has received a warning notice; or (C) has received a request for a corrective action plan; or (2) has received any written communication by the Secretary regarding potential noncompliance with such hospital price transparency rule. (b) FOIA requests Any penalty, notice, request, or other communication described in subsection (a) shall be subject to public disclosure, in full and without redaction, under section 552 of title 5, United States Code, notwithstanding any exemptions or exclusions otherwise available under such section 552. (c) Report to congress Not later than 1 year after the date of enactment of this Act and each year thereafter, the Secretary shall submit to Congress, and make publicly available, a report that contains information regarding complaints of alleged violations of law and enforcement activities by the Secretary under the hospital price transparency rule implementing section 2718(e) of the Public Health Service Act ( 42 U.S.C. 300gg–18(e) ). Such report shall be made available to the public on the website of the Centers for Medicare & Medicaid Services. (d) GAO report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives a report on the compliance and enforcement with the hospital price transparency rule implementing section 2718(e) of the Public Health Service Act ( 42 U.S.C. 300gg–18(e) ). The report shall include recommendations related to— (1) improving price transparency to patients, employers, and the public; (2) the revocation or suspension of tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986 for noncompliant hospitals; and (3) increased civil monetary penalty amounts to ensure compliance. (e) Rulemaking Not later than 180 days after the report described in subsection (d) is published, the Secretary, in consultation with the Secretary of the Treasury, shall issue a proposed rule based on the recommendations of the Comptroller General of the United States under subsection (d), including the recommendations described in paragraphs (2) and (3) of such subsection.