[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4839 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 4839

  To amend title XVIII of the Social Security Act to require certain 
 facilities under the Medicare program to disclose certain information 
                    relating to charges and prices.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2023

  Mrs. Steel introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Energy 
    and Commerce, 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 title XVIII of the Social Security Act to require certain 
 facilities under the Medicare program to disclose certain information 
                    relating to charges and prices.

    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 and ASC Price Transparency 
Act of 2023''.

SEC. 2. REQUIRING CERTAIN FACILITIES UNDER THE MEDICARE PROGRAM TO 
              DISCLOSE CERTAIN INFORMATION RELATING TO CHARGES AND 
              PRICES.

    (a) In General.--Part E of title XVIII of the Social Security Act 
(42 U.S.C. 1395x et seq.) is amended by adding at the end the following 
new section:

``SEC. 1899C. PRICE TRANSPARENCY REQUIREMENTS.

    ``(a) Price Transparency Requirements for Specified Hospitals.--
            ``(1) In general.--Beginning January 1, 2026, each 
        specified hospital (as defined in paragraph (6)) that receives 
        payment under this title for furnishing items and services 
        shall comply with the price transparency requirement described 
        in paragraph (2).
            ``(2) Requirement described.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the price transparency requirement described in this 
                paragraph is, with respect to a specified hospital, 
                that such hospital, in accordance with a method and 
                format established by the Secretary under subparagraph 
                (C), compile and make public (without subscription and 
                free of charge) for each year--
                            ``(i) one or more lists, in a format 
                        specified by the Secretary (which may be a 
                        machine-readable format), of the hospital's 
                        standard charges (including the information 
                        described in subparagraph (B)) for each item 
                        and service furnished by such hospital; and
                            ``(ii) information in a consumer-friendly 
                        format (as specified by the Secretary)--
                                    ``(I) on the hospital's prices 
                                (including the information described in 
                                subparagraph (B)) for as many of the 
                                Centers for Medicare & Medicaid 
                                Services-specified shoppable services 
                                that are furnished by the hospital, and 
                                as many additional hospital-selected 
                                shoppable services (or all such 
                                additional services, if such hospital 
                                furnishes fewer than 300 shoppable 
                                services) as may be necessary for a 
                                combined total of at least 300 
                                shoppable services; and
                                    ``(II) that includes, with respect 
                                to each Centers for Medicare & Medicaid 
                                Services-specified shoppable service 
                                that is not furnished by the hospital, 
                                an indication that such service is not 
                                so furnished.
                    ``(B) Information described.--For purposes of 
                subparagraph (A), the information described in this 
                subparagraph is, with respect to standard charges and 
                prices (as applicable) made public by a specified 
                hospital, the following:
                            ``(i) A description of each item or 
                        service, accompanied by, as applicable, the 
                        Healthcare Common Procedure Coding System code, 
                        the diagnosis-related group, the national drug 
                        code, or other identifier used or approved by 
                        the Centers for Medicare & Medicaid Services.
                            ``(ii) The gross charge, expressed as a 
                        dollar amount, for each such item or service, 
                        when provided in, as applicable, the inpatient 
                        setting and outpatient department setting.
                            ``(iii) The discounted cash price, 
                        expressed as a dollar amount, for each such 
                        item or service when provided in, as 
                        applicable, the inpatient setting and 
                        outpatient department setting (or, in the case 
                        no discounted cash price is available for an 
                        item or service, the gross charge for such item 
                        or service).
                            ``(iv) Any other information the Secretary 
                        may require for purposes of promoting public 
                        awareness of specified hospital standard 
                        charges or prices in advance of receiving an 
                        item or service from such a hospital, except 
                        information that is duplicative of any other 
                        reporting requirement under this section. Such 
                        information may include any current payer-
                        specific negotiated rates, clearly associated 
                        with the name of the third party payer and plan 
                        and expressed as a dollar amount, that apply to 
                        each such item or service when provided in, as 
                        applicable, the inpatient setting and 
                        outpatient department setting.
                    ``(C) Method and format.--Not later than January 1, 
                2026, the Secretary shall establish one or more methods 
                and formats for specified facilities to use in 
                compiling and making public standard charges and prices 
                (as applicable) pursuant to subparagraph (A). Any such 
                method and format--
                            ``(i) may be similar to any template made 
                        available by the Centers for Medicare & 
                        Medicaid Services as of the date of the 
                        enactment of this subparagraph;
                            ``(ii) shall meet such standards as 
                        determined appropriate by the Secretary in 
                        order to ensure the accessibility and usability 
                        of such charges and prices; and
                            ``(iii) shall be updated as determined 
                        appropriate by the Secretary, in consultation 
                        with stakeholders.
            ``(3) Deemed compliance with shoppable services requirement 
        for hospitals with a price estimator tool.--
                    ``(A) In general.--With respect to each year until 
                the effective date of regulations implementing the 
                provisions of sections 2799A-1(f) and 2799B-6 of the 
                Public Health Service Act (relating to advanced 
                explanations of benefits), including regulations on 
                establishing data transfer standards to effectuate such 
                provisions, a specified hospital shall be deemed to 
                have complied with the requirement described in 
                paragraph (2)(A)(ii) (relating to shoppable services) 
                if such hospital maintains a price estimator tool 
                described in subparagraph (B).
                    ``(B) Price estimator tool described.--For purposes 
                of subparagraph (A), the price estimator tool described 
                in this subparagraph is, with respect to a specified 
                hospital, a tool that meets the following requirements:
                            ``(i) Such tool allows an individual to 
                        immediately obtain a price estimate (taking 
                        into account whether such individual is covered 
                        under any plan, coverage, or program described 
                        in clause (iv)(III)) and the discounted cash 
                        price charged by a specified hospital, for each 
                        Centers for Medicare & Medicaid Services-
                        specified shoppable service that is furnished 
                        by such hospital, and for each additional 
                        shoppable service as such hospital may select, 
                        such that price estimates are available through 
                        such tool for at least 300 shoppable services 
                        (or for all such services, if such hospital 
                        furnishes fewer than 300 shoppable services).
                            ``(ii) Such tool allows an individual to 
                        obtain such an estimate by billing code and by 
                        service description.
                            ``(iii) Such tool is prominently displayed 
                        on the public internet website of such 
                        hospital.
                            ``(iv) Such tool does not require an 
                        individual seeking such an estimate to create 
                        an account or otherwise input personal 
                        information, except that such tool may require 
                        that such individual provide information 
                        specified by the Secretary, which may include 
                        the following:
                                    ``(I) The name of such individual.
                                    ``(II) The date of birth of such 
                                individual.
                                    ``(III) In the case such individual 
                                is covered under a group health plan, 
                                group or individual health insurance 
                                coverage, a Federal health care 
                                program, or the program established 
                                under chapter 89 of title 5, United 
                                States Code, an identifying number 
                                assigned by such plan, coverage, or 
                                program to such individual.
                                    ``(IV) In the case of an individual 
                                described in subclause (III), an 
                                indication as to whether such 
                                individual is the primary insured 
                                individual under such plan, coverage, 
                                or program (and, if such individual is 
                                not the primary insured individual, a 
                                description of the individual's 
                                relationship to such primary insured 
                                individual).
                                    ``(V) Any other information 
                                specified by the Secretary.
                            ``(v) Such tool contains a statement 
                        confirming the accuracy and completeness of 
                        information presented through such tool as of 
                        the date such request is made.
                            ``(vi) Such tool meets any other 
                        requirement specified by the Secretary.
            ``(4) Monitoring compliance.--The Secretary shall, through 
        notice and comment rulemaking and in consultation with the 
        Inspector General of the Department of Health and Human 
        Services, establish a process to monitor compliance with this 
        subsection. Such process shall ensure that each specified 
        hospital's compliance with this subsection is reviewed not less 
        frequently than once every 3 years.
            ``(5) Enforcement.--
                    ``(A) In general.--In the case of a specified 
                hospital that fails to comply with the requirements of 
                this subsection--
                            ``(i) the Secretary shall notify such 
                        hospital of such failure not later than 30 days 
                        after the date on which the Secretary 
                        determines such failure exists; and
                            ``(ii) upon request of the Secretary, the 
                        hospital shall submit to the Secretary, not 
                        later than 45 days after the date of such 
                        request, a corrective action plan to comply 
                        with such requirements.
                    ``(B) Civil monetary penalty.--
                            ``(i) In general.--In addition to any other 
                        enforcement actions or penalties that may apply 
                        under another provision of law, a specified 
                        hospital that has received a notification under 
                        subparagraph (A)(i) and fails to comply with 
                        the requirements of this section by the date 
                        that is 90 days after such notification (or, in 
                        the case of such a hospital that has submitted 
                        a corrective action plan described in 
                        subparagraph (A)(ii) in response to a request 
                        so described, by the date that is 90 days after 
                        the Secretary identifies the failure of such 
                        hospital to satisfactorily complete such 
                        corrective action plan) shall be subject to a 
                        civil monetary penalty of an amount specified 
                        by the Secretary for each subsequent day during 
                        which such failure is ongoing. Such amount 
                        shall not exceed--
                                    ``(I) in the case of a specified 
                                hospital that is a hospital or critical 
                                access hospital with 30 or fewer beds, 
                                $300 per day; and
                                    ``(II) in the case of any specified 
                                hospital and except as provided in 
                                clause (iii), $2,000,000 for a 1-year 
                                period.
                            ``(ii) Increase authority.--In applying 
                        this subparagraph with respect to violations 
                        occurring in 2027 or a subsequent year, the 
                        Secretary may through notice and comment 
                        rulemaking increase--
                                    ``(I) the limitation on the per day 
                                amount of any penalty applicable to a 
                                specified hospital that is a hospital 
                                or critical access hospital with 30 or 
                                fewer beds under clause (i);
                                    ``(II) the limitation on the amount 
                                of any penalty applicable for a 1-year 
                                period under such clause; and
                                    ``(III) the limitation on the 
                                increase of any penalty applied under 
                                clause (iii).
                            ``(iii) Persistent noncompliance.--In the 
                        case of a specified hospital (other than a 
                        specified hospital that is a hospital or 
                        critical access hospital with 30 or fewer beds) 
                        that the Secretary has determined to be 
                        knowingly and willfully noncompliant with the 
                        provisions of this subsection two or more times 
                        during a 1-year period, the Secretary may 
                        increase any penalty otherwise applicable under 
                        this subparagraph by not more than $1,000,000 
                        and may require such hospital to complete such 
                        additional corrective actions plans as the 
                        Secretary may specify.
                            ``(iv) Application of certain provisions.--
                        The provisions of section 1128A (other than 
                        subsections (a) and (b) of such section) shall 
                        apply to a civil monetary penalty imposed under 
                        this subparagraph in the same manner as such 
                        provisions apply to a civil monetary penalty 
                        imposed under subsection (a) of such section.
                            ``(v) Authority to waive or reduce 
                        penalty.--The Secretary may waive or reduce any 
                        penalty otherwise applicable with respect to a 
                        specified hospital under this subparagraph if 
                        the Secretary determines that imposition of 
                        such penalty would result in a significant 
                        hardship for such hospital (such as in the case 
                        of a hospital located in a rural or underserved 
                        area where imposition of such penalty may 
                        result in, or contribute to, a lack of access 
                        to care for individuals in such area).
                    ``(C) Publication of hospital price transparency 
                information.--Beginning on January 1, 2026, the 
                Secretary shall make publicly available on the public 
                website of the Centers for Medicare & Medicaid Services 
                information with respect to compliance with the 
                requirements of this subsection and enforcement 
                activities undertaken by the Secretary under this 
                subsection. Such information shall be updated not less 
                than annually and include, with respect to each year--
                            ``(i) the number of reviews of compliance 
                        with this subsection undertaken by the 
                        Secretary;
                            ``(ii) the number of notifications 
                        described in subparagraph (A)(i) sent by the 
                        Secretary;
                            ``(iii) the identify of each specified 
                        hospital that was sent such a notification and 
                        a description of the nature of such hospital's 
                        noncompliance with this subsection;
                            ``(iv) the amount of any civil monetary 
                        penalty imposed on such hospital under 
                        subparagraph (B);
                            ``(v) whether such hospital subsequently 
                        came into compliance with this subsection; and
                            ``(vi) any other information as determined 
                        by the Secretary.
            ``(6) Definitions.--For purposes of this subsection:
                    ``(A) Discounted cash price.--The term `discounted 
                cash price' means the charge that applies to an 
                individual who pays cash, or cash equivalent, for a 
                specified hospital-furnished item or service.
                    ``(B) Federal health care program.--The term 
                `Federal health care program' has the meaning given 
                such term in section 1128B.
                    ``(C) Gross charge.--The term `gross charge' means 
                the charge for an individual item or service that is 
                reflected on a specified hospital's chargemaster, 
                absent any discounts.
                    ``(D) Group health plan; group health insurance 
                coverage; individual health insurance coverage.--The 
                terms `group health plan', `group health insurance 
                coverage', and `individual health insurance coverage' 
                have the meaning given such terms in section 2791 of 
                the Public Health Service Act.
                    ``(E) Payer-specific negotiated charge.--The term 
                `payer-specific negotiated charge' means the charge 
                that a specified hospital has negotiated with a third 
                party payer for an item or service.
                    ``(F) Shoppable service.--The term `shoppable 
                service' means a service that can be scheduled by a 
                health care consumer in advance and includes all 
                ancillary items and services customarily furnished as 
                part of such service.
                    ``(G) Specified hospital.--The term `specified 
                hospital' means a hospital (as defined in section 
                1861(e)), a critical access hospital (as defined in 
                section 1861(mmm)(1)), or a rural emergency hospital 
                (as defined in section 1861(kkk)).
                    ``(H) Third party payer.--The term `third party 
                payer' means an entity that is, by statute, contract, 
                or agreement, legally responsible for payment of a 
                claim for a health care item or service.
    ``(b) Price Transparency Requirements for Ambulatory Surgical 
Centers.--
            ``(1) In general.--Beginning January 1, 2028, each 
        ambulatory surgical center that receives payment under this 
        title for furnishing items and services shall comply with the 
        price transparency requirement described in paragraph (2).
            ``(2) Requirement described.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the price transparency requirement described in this 
                subsection is, with respect to an ambulatory surgical 
                center, that such surgical center in accordance with a 
                method and format established by the Secretary under 
                subparagraph (C)), compile and make public (without 
                subscription and free of charge), for each year--
                            ``(i) one or more lists, in a format 
                        specified by the Secretary, of the surgical 
                        center's standard charges (including the 
                        information described in subparagraph (B)) for 
                        each item and service furnished by the surgical 
                        center;
                            ``(ii) information on the surgical center's 
                        prices (including the information described in 
                        subparagraph (B)) for as many of the Centers 
                        for Medicare & Medicaid Services-specified 
                        shoppable services that are furnished by the 
                        surgical center, and as many additional 
                        surgical center-selected shoppable services (or 
                        all such additional services, if such surgical 
                        center furnishes fewer than 300 shoppable 
                        services) as may be necessary for a combined 
                        total of at least 300 shoppable services;
                            ``(iii) with respect to each Centers for 
                        Medicare & Medicaid Services-specified 
                        shoppable service that is not furnished by the 
                        ambulatory surgical center, an indication that 
                        such service is not so furnished; and
                            ``(iv) any additional information specified 
                        by the Secretary.
                    ``(B) Information described.--For purposes of 
                subparagraph (A), the information described in this 
                subparagraph is, with respect to standard charges and 
                prices (as applicable) made public by a specified 
                surgical center, the following:
                            ``(i) A description of each item or 
                        service, accompanied by, as applicable, the 
                        Healthcare Common Procedure Coding System code, 
                        the diagnosis-related group, the national drug 
                        code, or other identifier used or approved by 
                        the Centers for Medicare & Medicaid Services.
                            ``(ii) The gross charge, expressed as a 
                        dollar amount, for each such item or service.
                            ``(iii) The discounted cash price, 
                        expressed as a dollar amount, for each such 
                        item or service (or, in the case no discounted 
                        cash price is available for an item or service, 
                        the median price charged by such ambulatory 
                        surgical center for such item or service for 
                        the previous three years, expressed as a dollar 
                        amount).
                            ``(iv) Any other information the Secretary 
                        may require that is not duplicative of any 
                        other reporting requirement under this 
                        subsection for purposes of promoting public 
                        awareness of ambulatory surgical center prices 
                        in advance of receiving an item or service from 
                        such an ambulatory surgical center, which may 
                        include any current payer-specific negotiated 
                        rates, clearly associated with the name of the 
                        third party payer and plan and expressed as a 
                        dollar amount, that applies to each such item 
                        or service.
                    ``(C) Method and format.--Not later than January 1, 
                2028, the Secretary shall establish one or more methods 
                and formats for ambulatory surgical centers to use in 
                making public standard charges and prices (as 
                applicable) pursuant to subparagraph (A). Any such 
                method and format--
                            ``(i) may be similar to any template made 
                        available by the Centers for Medicare & 
                        Medicaid Services as of the date of the 
                        enactment of this paragraph;
                            ``(ii) shall meet such standards as 
                        determined appropriate by the Secretary in 
                        order to ensure the accessibility and usability 
                        of such charges and prices; and
                            ``(iii) shall be updated as determined 
                        appropriate by the Secretary, in consultation 
                        with stakeholders.
            ``(3) Deemed compliance with shoppable services requirement 
        for ambulatory surgical centers with a price estimator tool.--
                    ``(A) In general.--An ambulatory surgical center 
                shall be deemed to have complied with the requirement 
                described in subsection (b)(1)(B) (relating to 
                shoppable services) if such surgical center maintains a 
                price estimator tool described in subparagraph (B).
                    ``(B) Price estimator tool described.--For purposes 
                of subparagraph (A), the price estimator tool described 
                in this subparagraph is, with respect to an ambulatory 
                surgical center, a tool that meets the following 
                requirements:
                            ``(i) Such tool allows an individual to 
                        immediately obtain a price estimate (taking 
                        into account whether such individual is covered 
                        under any plan, coverage, or program described 
                        in subparagraph (C)(iii)) for each Centers for 
                        Medicare & Medicaid Services-specified 
                        shoppable service that is furnished by the 
                        surgical center, and for each additional 
                        shoppable service as such surgical center may 
                        select such that price estimates are available 
                        through such tool for at least 300 shoppable 
                        services (or for all such services, if such 
                        surgical center furnishes fewer than 300 
                        shoppable services).
                            ``(ii) Such tool allows an individual to 
                        obtain such an estimate by billing code and by 
                        service description.
                            ``(iii) Such tool is prominently displayed 
                        on the public internet website of such 
                        ambulatory surgical center.
                            ``(iv) Such tool does not require an 
                        individual seeking such an estimate to create 
                        an account or otherwise input personal 
                        information, except that such tool may require 
                        that such individual provide information 
                        specified by the Secretary, which may include 
                        the following:
                                    ``(I) The name of such individual.
                                    ``(II) The date of birth of such 
                                individual.
                                    ``(III) In the case such individual 
                                is covered under a group health plan, 
                                group or individual health insurance 
                                coverage, a Federal health care 
                                program, or the program established 
                                under chapter 89 of title 5, United 
                                States Code, an identifying number 
                                assigned by such plan, coverage, or 
                                program to such individual.
                                    ``(IV) In the case of an individual 
                                described in clause (iii), an 
                                indication as to whether such 
                                individual is the primary insured 
                                individual under such plan, coverage, 
                                or program (and, if such individual is 
                                not the primary insured individual, a 
                                description of the individual's 
                                relationship to such primary insured 
                                individual).
                                    ``(V) Any other information 
                                specified by the Secretary.
                            ``(v) Such tool contains a statement 
                        confirming the accuracy and completeness of 
                        information presented through such tool as of 
                        the date such request is made.
                            ``(vi) Such tool meets any other 
                        requirement specified by the Secretary.
            ``(4) Monitoring compliance.--The Secretary shall, through 
        notice and comment rulemaking and in consultation with the 
        Inspector General of the Department of Health and Human 
        Services, establish a process to monitor compliance with this 
        subsection. Such process shall ensure that each ambulatory 
        surgical center's compliance with this subsection is reviewed 
        not less frequently than once every 3 years.
            ``(5) Enforcement.--
                    ``(A) In general.--In the case of an ambulatory 
                surgical center that fails to comply with the 
                requirements of this subsection--
                            ``(i) the Secretary shall notify such 
                        ambulatory surgical center of such failure not 
                        later than 30 days after the date on which the 
                        Secretary determines such failure exists; and
                            ``(ii) upon request of the Secretary, the 
                        ambulatory surgical center shall submit to the 
                        Secretary, not later than 45 days after the 
                        date of such request, a corrective action plan 
                        to comply with such requirements.
                    ``(B) Civil monetary penalty.--
                            ``(i) In general.--In addition to any other 
                        enforcement actions or penalties that may apply 
                        under another provision of law, an ambulatory 
                        surgical center that has received a 
                        notification under subparagraph (A)(i) and 
                        fails to comply with the requirements of this 
                        subsection by the date that is 90 days after 
                        such notification (or, in the case of an 
                        ambulatory surgical center that has submitted a 
                        corrective action plan described in 
                        subparagraph (A)(ii) in response to a request 
                        so described, by the date that is 90 days after 
                        such submission) shall be subject to a civil 
                        monetary penalty of an amount specified by the 
                        Secretary for each subsequent day during which 
                        such failure is ongoing (not to exceed $300 per 
                        day).
                            ``(ii) Increase authority.--In applying 
                        this subparagraph with respect to violations 
                        occurring in 2027 or a subsequent year, the 
                        Secretary may through notice and comment 
                        rulemaking increase the limitation on the per 
                        day amount of any penalty applicable to an 
                        ambulatory surgical center under clause (i).
                            ``(iii) Application of certain 
                        provisions.--The provisions of section 1128A 
                        (other than subsections (a) and (b) of such 
                        section) shall apply to a civil monetary 
                        penalty imposed under this subparagraph in the 
                        same manner as such provisions apply to a civil 
                        monetary penalty imposed under subsection (a) 
                        of such section.
                            ``(iv) Authority to waive or reduce 
                        penalty.--The Secretary may waive or reduce any 
                        penalty otherwise applicable with respect to an 
                        ambulatory surgical center under this 
                        subparagraph if the Secretary determines that 
                        imposition of such penalty would result in a 
                        significant hardship for such ambulatory 
                        surgical center (such as in the case of an 
                        ambulatory surgical center located in a rural 
                        or underserved area where imposition of such 
                        penalty may result in, or contribute to, a lack 
                        of access to care for individuals in such 
                        area).
            ``(6) Definitions.--For purposes of this section:
                    ``(A) Discounted cash price.--The term `discounted 
                cash price' means the charge that applies to an 
                individual who pays cash, or cash equivalent, for a 
                item or service furnished by an ambulatory surgical 
                center.
                    ``(B) Federal health care program.--The term 
                `Federal health care program' has the meaning given 
                such term in section 1128B.
                    ``(C) Gross charge.--The term `gross charge' means 
                the charge for an individual item or service that is 
                reflected on a specified surgical center's 
                chargemaster, absent any discounts.
                    ``(D) Group health plan; group health insurance 
                coverage; individual health insurance coverage.--The 
                terms `group health plan', `group health insurance 
                coverage', and `individual health insurance coverage' 
                have the meaning given such terms in section 2791 of 
                the Public Health Service Act.
                    ``(E) Payer-specific negotiated charge.--The term 
                `payer-specific negotiated charge' means the charge 
                that a specified surgical center has negotiated with a 
                third party payer for an item or service.
                    ``(F) Shoppable service.--The term `shoppable 
                service' means a service that can be scheduled by a 
                health care consumer in advance and includes all 
                ancillary items and services customarily furnished as 
                part of such service.
                    ``(G) Third party payer.--The term `third party 
                payer' means an entity that is, by statute, contract, 
                or agreement, legally responsible for payment of a 
                claim for a health care item or service.''.
    (b) Publication of Hospital Compliance With Price Transparency 
Requirements.--Section 1886 of the Social Security Act (42 U.S.C. 
1395ww) is amended by adding at the end the following new subsection:
    ``(u) Publication of Compliance With Price Transparency 
Requirements.--
            ``(1) In general.--Beginning January 1, 2026, the Secretary 
        shall, for each hospital with respect to which the Secretary 
        has conducted a review of such hospital's compliance with the 
        provisions of section 1899C(a) and found such hospital 
        noncompliant with such provisions--
                    ``(A) indicate such noncompliance on such 
                hospital's entry on the Hospital Compare internet 
                website (or a successor website); and
                    ``(B) specify whether such hospital--
                            ``(i) submitted a corrective action plan 
                        described in subsection (a)(5)(A)(ii) of such 
                        section (and, if so, the date such plan was 
                        received by the Secretary); or
                            ``(ii) was subject to a civil monetary 
                        penalty imposed under subsection (a)(5) of such 
                        section (and, if so, the date of the imposition 
                        of such penalty and the amount of such 
                        penalty).
            ``(2) Additions and updates.--The Secretary shall update 
        any specification described in subparagraph (A) or (B) of 
        paragraph (1) with respect to such hospital--
                    ``(A) in the case of the specification described in 
                such paragraph (1)(B)(i), as soon as practicable after 
                sending a notification described in such subparagraph; 
                and
                    ``(B) in the case of the specification described in 
                such paragraph (1)(B)(ii), as soon as practicable after 
                the imposition of a civil monetary penalty described in 
                such subparagraph.''.
    (c) Conforming Amendment.--Section 2718(e) of the Public Health 
Service Act (42 U.S.C. 300gg-18(e)) is amended by adding at the end the 
following new sentence: ``The preceding sentence shall not apply 
beginning January 1, 2026.''.
    (d) Funding.--
            (1) In general.--In addition to funds otherwise available, 
        out of any moneys in the Treasury not otherwise appropriated, 
        there are appropriated $10,000,000 for fiscal year 2024, to 
        remain available until expended, for purposes of--
                    (A) implementing the amendment made by this 
                subsection (a); and
                    (B) monitoring the compliance of entities with such 
                amendment.
            (2) Report on expenditures.--Not later than 5 years after 
        the date of the enactment of this Act, the Secretary of Health 
        and Human Services shall submit to the Committee on Ways and 
        Means and the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Finance of the Senate a 
        report that--
                    (A) describes activities undertaken funded through 
                funds made available under paragraph (1), including a 
                specification of the amount of such funds expended for 
                each such activity; and
                    (B) identifies all entities with which the 
                Secretary has entered into contracts for purposes of 
                implementing the amendment made by this subsection (a), 
                monitoring compliance of entities with such amendment, 
                or providing technical assistance to entities to 
                promote compliance with such amendment.
    (e) Implementation.--
            (1) Accessibility.--In implementing section 
        1899C(a)(2)(A)(ii) of the Social Security Act (as added by 
        subsection (a)), the Secretary of Health and Human Services 
        shall through rulemaking ensure that information made available 
        pursuant to such amendment by an entity is so made available in 
        plain, easily understandable language and that such entity 
        provides access to such interpretation services, translations, 
        and other assistive services to make such information 
        accessible to individuals with limited English proficiency and 
        individuals with disabilities.
            (2) Technical assistance.--The Secretary of Health and 
        Human Services shall, to the extent practicable, provide 
        technical assistance to entities making public standard charges 
        and prices (as applicable) pursuant to the amendment made by 
        subsection (a).
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