[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2566 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2566
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
May 21, 2009
Mr. Lipinski (for himself and Mr. Inglis) 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 Transparency and
Disclosure Act of 2009''.
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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