117 HR 8885 IH: Better Health Care Directories Act
U.S. House of Representatives
2022-09-19
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I
117th CONGRESS
2d Session
H. R. 8885
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.
1.

Short title
This Act may be cited as the “Better Health Care Directories Act”.
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.