[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3139 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3139

   To amend the Public Health Service Act to provide for the public 
  disclosure of charges for certain hospital and ambulatory surgical 
                       center services and drugs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2005

Mr. Lipinski (for himself and Mr. Inglis of South Carolina) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Public Health Service Act to provide for the public 
  disclosure of charges for certain hospital and ambulatory surgical 
                       center services and drugs.

    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 Price Reporting and 
Disclosure Act of 2005''.

SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA.

    Part B of title II of the Public Health Service Act (42 U.S.C. 238 
et seq.) is amended by adding at the end the following new section:

   ``data reporting by hospitals and ambulatory surgical centers and 
                             public posting

    ``Sec. 249. (a) Semiannual Reporting Requirement.--Not later than 
80 days after the end of each semiannual period beginning January 1 or 
July 1 (beginning more than one year after the date of the enactment of 
this section), a hospital and an ambulatory surgical center shall 
report to the Secretary the following data:
            ``(1) In the case of a hospital--
                    ``(A) the frequency with which the hospital 
                performed each service selected under subparagraph (A) 
                or (B) of subsection (c)(1) in an inpatient or 
                outpatient setting, respectively, during such period;
                    ``(B) the frequency with which the hospital 
                administered a drug selected under subparagraph (D) of 
                such subsection in an inpatient setting during such 
                period; and
                    ``(C) if the service was so performed or the drug 
                was so administered during such period--
                            ``(i) the total number of times the service 
                        was so performed or the drug was so 
                        administered during such period; and
                            ``(ii) the average and the median charge by 
                        the hospital for such service or drug during 
                        such period; and
            ``(2) In the case of an ambulatory surgical center--
                    ``(A) the frequency with which the center performed 
                each service selected under subparagraph (C) of 
                subsection (c)(1) during such period; and
                    ``(B) if the service was so performed during such 
                period--
                            ``(i) the total number of times the service 
                        was so performed during such period; and
                            ``(ii) the average and the median charge by 
                        the center for such service during such period.
    ``(b) Public Availability of Data.--
            ``(1) Public posting of data.--The Secretary shall promptly 
        post, on the official public Internet site of the Department of 
        Health and Human Services, the data reported under subsection 
        (a). Such data shall be set forth in a manner that promotes 
        charge comparison among hospitals and ambulatory surgical 
        centers.
            ``(2) Notice of availability.--A hospital and an ambulatory 
        surgical center shall prominently post at each admission site 
        of the hospital or center a notice of the availability of the 
        data reported under subsection (a) on the official public 
        Internet site under paragraph (1).
    ``(c) Selection of Services and Drugs.--For purposes of this 
section:
            ``(1) Initial selection.--Based on national data, the 
        Secretary shall select the following:
                    ``(A) The 25 most frequently performed services in 
                a hospital inpatient setting.
                    ``(B) The 25 most frequently performed services in 
                a hospital outpatient setting.
                    ``(C) The 25 most frequently performed services in 
                an ambulatory surgical center setting.
                    ``(D) The 50 most frequently administered drugs in 
                a hospital inpatient setting.
            ``(2) Updating selection.--The Secretary shall periodically 
        update the services and drugs selected under paragraph (1).
    ``(d) Civil Money Penalty.--The Secretary may impose a civil money 
penalty of not more than $10,000 for each knowing violation of 
subsection (a) or (b)(2) by a hospital or an ambulatory surgical 
center. The provisions of subsection (i)(2) of section 351A shall apply 
with respect to civil money penalties under this subsection in the same 
manner as such provisions apply to civil money penalties under 
subsection (i)(1) of such section.
    ``(e) Administrative Provisions.--
            ``(1) In general.--The Secretary shall prescribe such 
        regulations and issue such guidelines as may be required to 
        carry out this section.
            ``(2) Classification of services.--The regulations and 
        guidelines under paragraph (1) shall include rules on the 
        classification of different services and the assignment of 
        items and procedures to those services.
            ``(3) Rules.--The regulations and guidelines under 
        paragraph (1) shall include rules regarding reporting of 
        inpatient diagnostic related groups (DRGs), outpatient 
        procedures and tests and classification of drugs. 
        Classification of drugs may include unit, strength, and dosage 
        information for reporting.
            ``(4) Computation of average and median charges.--
                    ``(A) In general.--The regulations and guidelines 
                under paragraph (1) shall include a methodology for 
                computing an average and median charge for a service or 
                drug, in accordance with subparagraph (B).
                    ``(B) Methodology.--The methodology prescribed by 
                the Secretary under subparagraph (A) shall ensure that 
                an average and median charge for a service reflects the 
                amount charged before any adjustment based on a 
                negotiated rate with a third party.
            ``(5) Form of report and notice.--The regulations and 
        guidelines under paragraph (1) shall specify the electronic 
        form and manner by which a hospital or an ambulatory surgical 
        center shall report data under subsection (a) and the form for 
        posting of notices under subsection (b)(2).
    ``(f) Rules of Construction.--
            ``(1) Non-preemption of state laws.--Nothing in this 
        section shall be construed as preempting or otherwise affecting 
        any provision of State law relating to the disclosure of 
        charges or other information for a hospital or an ambulatory 
        surgical center.
            ``(2) Charges.--Nothing in this section shall be construed 
        to regulate or set hospital or ambulatory surgical center 
        charges.
    ``(g) Definitions.--In this section:
            ``(1) Hospital and ambulatory surgical center.--The terms 
        `hospital' and `ambulatory surgical center' have the meaning 
        given such terms by the Secretary.
            ``(2) Drug.--For purposes of this section, the term `drug' 
        includes a biological and a non-prescription drug, such as an 
        ointment.''.
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