[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8885 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8885
To amend the Public Health Service Act, Internal Revenue Code of 1986,
and Employee Retirement Income Security Act of 1974 to provide for
provider directory improvements to enhance enrollee, participant, and
beneficiary access to care.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2022
Mr. Kildee (for himself, Mr. Wenstrup, and Mr. Hern) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Ways and Means, and
Education and Labor, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Public Health Service Act, Internal Revenue Code of 1986,
and Employee Retirement Income Security Act of 1974 to provide for
provider directory improvements to enhance enrollee, participant, and
beneficiary access to care.
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 ``Better Health Care Directories
Act''.
SEC. 2. PROVIDER DIRECTORY IMPROVEMENTS TO ENHANCE ENROLLEE,
PARTICIPANT, AND BENEFICIARY ACCESS.
(a) Provider Directory Information To Include if Provider Is
Accepting New Patients.--
(1) Group health plan and health insurance issuer
requirement.--
(A) PHSA.--Section 2799A-5(a)(6) of the Public
Health Service Act (42 U.S.C. 300gg-115(a)(6)) is
amended by inserting before the period at the end the
following: ``as well as information (which shall be
updated at least annually) furnished to the plan by
such provider or facility on whether such provider or
facility is accepting new patients and, if so, if an
in-person appointment or telehealth appointment (or
either) is available for such patients''.
(B) IRC.--Section 9820(a)(6) of the Internal
Revenue Code of 1986 is amended by inserting before the
period at the end the following: ``as well as
information (which shall be updated at least annually)
furnished to the plan by such provider or facility on
whether such provider or facility is accepting new
patients and, if so, if an in-person appointment or
telehealth appointment (or either) is available for
such patients''.
(C) ERISA.--Section 720(a)(6) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1185i(a)(6)) is amended by inserting before the period
at the end the following: ``as well as information
(which shall be updated at least annually) furnished to
the plan by such provider or facility on whether such
provider or facility is accepting new patients and, if
so, if an in-person appointment or telehealth
appointment (or either) is available for such
patients''.
(2) Provider requirement.--Section 2799B-9(d) of the Public
Health Service Act (42 U.S.C. 300gg-139(d)) is amended by
inserting before the period at the end the following: ``as well
as information (which shall be updated at least annually) on
whether such provider or facility is accepting new patients
and, if so, if an in-person appointment or telehealth
appointment (or either) is available for such patients''.
(3) Effective date.--The amendments made by this section
shall apply for plan years beginning on or after January 1,
2025.
(b) Machine Readable Format and Public Posting.--
(1) PHSA.--Section 2799A-5(a) of the Public Health Service
Act (42 U.S.C. 300gg-115(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking at the
end ``and'';
(ii) in subparagraph (D), by striking at
the end the period and adding ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(E) for plan years beginning on or after January
1, 2025, annually submit the provider directory
information under paragraph (6), with respect to such
plan or coverage, to the Secretary in a machine-
readable file (as defined in section 147.210(a)(2)(xiv)
of title 45, Code of Federal Regulations, or any
successor regulation).''; and
(B) by adding at the end the following new
paragraph:
``(8) Public posting by secretary of provider
directories.--Beginning not later than July 1, 2025, the
Secretary, in coordination with the Secretary of Labor and the
Secretary of the Treasury, shall make the information submitted
pursuant to paragraph (1)(E) available on a public Federal
Government website.''.
(2) IRC.--Section 9820(a) of the Internal Revenue Code of
1986 is amended--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking at the
end ``and'';
(ii) in subparagraph (D), by striking at
the end the period and adding ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(E) for plan years beginning on or after January
1, 2025, annually submit the provider directory
information under paragraph (6), with respect to such
plan, to the Secretary in a machine-readable file (as
defined in section 54.9815-2715A1(a)(2)(xiv) of title
26, Code of Federal Regulations, or any successor
regulation).''; and
(B) by adding at the end the following new
paragraph:
``(8) Public posting by secretary of provider
directories.--Beginning not later than July 1, 2025, the
Secretary, in coordination with the Secretary of Labor and the
Secretary of Health and Human Services, shall make the
information submitted pursuant to paragraph (1)(E) available on
a public Federal Government website.''.
(3) ERISA.--Section 720(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185i(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking at the
end ``and'';
(ii) in subparagraph (D), by striking at
the end the period and adding ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(E) for plan years beginning on or after January
1, 2025, annually submit the provider directory
information under paragraph (6), with respect to such
plan or coverage, to the Secretary in a machine-
readable file (as defined in section 2590.715-
2715A1(a)(2)(xiii) of title 29, Code of Federal
Regulations, or any successor regulation).''; and
(B) by adding at the end the following new
paragraph:
``(8) Public posting by secretary of provider
directories.--Beginning not later than July 1, 2025, the
Secretary, in coordination with the Secretary of the Treasury
and the Secretary of Health and Human Services, shall make the
information submitted pursuant to paragraph (1)(E) available on
a public Federal Government website.''.
(c) Implementation.--The Secretaries of Labor, Health and Human
Services, and the Treasury may implement the provisions of, including
the amendments made by, this section through interim final rule, sub-
regulatory guidance, program instruction, or otherwise.
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