[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4905 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 4905

 To amend the Internal Revenue Code of 1986, the Public Health Service 
Act, and the Employee Retirement Income Security Act of 1974 to promote 
                 group health plan price transparency.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2023

  Mr. Fitzpatrick (for himself and Ms. Lee of Nevada) introduced the 
   following bill; which was referred to the Committee on Energy and 
   Commerce, and in addition to the Committees on Education and the 
    Workforce, and Ways and Means, 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 Internal Revenue Code of 1986, the Public Health Service 
Act, and the Employee Retirement Income Security Act of 1974 to promote 
                 group health plan price transparency.

    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 ``Health Insurance Price Transparency 
Act of 2023''.

SEC. 2. PROMOTING GROUP HEALTH PLAN PRICE TRANSPARENCY.

    (a) Price Transparency Requirements.--
            (1) IRC.--
                    (A) In general.--Section 9819 of the Internal 
                Revenue Code of 1986 (26 U.S.C. 9816) is amended to 
                read as follows:

``SEC. 9819. PRICE TRANSPARENCY REQUIREMENTS.

    ``(a) Cost Sharing Transparency.--
            ``(1) In general.--For plan years beginning on or after the 
        date that is 2 years after the date of the enactment of this 
        section, a group health plan shall permit individuals to learn 
        the amount of cost-sharing (including deductibles, copayments, 
        and coinsurance) under the individual's plan or coverage that 
        the individual would be responsible for paying with respect to 
        the furnishing of a specific item or service by a provider in a 
        timely manner upon the request of the individual. At a minimum, 
        such information shall include the information specified in 
        paragraph (2) and shall be made available to such individual 
        through a self-service tool that meets the requirements of 
        paragraph (3) or, at the option of such individual, through a 
        paper disclosure or phone or other electronic disclosure (as 
        selected by such individual and provided at no cost to such 
        individual) that meets such requirements as the Secretary may 
        specify.
            ``(2) Specified information.--For purposes of paragraph 
        (1), the information specified in this paragraph is, with 
        respect to an item or service for which benefits are available 
        under a group health plan furnished by a health care provider 
        to a participant or beneficiary of such plan, the following:
                    ``(A) If such provider is a participating provider 
                with respect to such item or service, the in-network 
                rate (as defined in subsection (c)) for such item or 
                service.
                    ``(B) If such provider is not described in 
                subparagraph (A), the maximum allowed amount for such 
                item or service.
                    ``(C) The estimated amount of cost sharing 
                (including deductibles, copayments, and coinsurance) 
                that the participant or beneficiary will incur for such 
                item or service (which, in the case such item or 
                service is to be furnished by a provider described in 
                subparagraph (B), shall be calculated using the maximum 
                amount described in such subparagraph).
                    ``(D) The amount the participant or beneficiary has 
                already accumulated with respect to any deductible or 
                out of pocket maximum, whether for items and services 
                furnished by a participating provider or for items and 
                services furnished by a provider that is not a 
                participating provider, under the plan (broken down, in 
                the case separate deductibles or maximums apply to 
                separate participants and beneficiaries enrolled in the 
                plan, by such separate deductibles or maximums, in 
                addition to any cumulative deductible or maximum).
                    ``(E) In the case such plan imposes any frequency 
                or volume limitations with respect to such item or 
                service (excluding medical necessity determinations), 
                the amount that such participant or beneficiary has 
                accrued towards such limitation with respect to such 
                item or service.
                    ``(F) Any prior authorization, concurrent review, 
                step therapy, fail first, or similar requirements 
                applicable to coverage of such item or service under 
                such plan.
        The Secretary may provide that information described in any of 
        subparagraphs (A) through (F) not be treated as information 
        specified in this paragraph, and specify additional information 
        that shall be treated as information specified in this 
        paragraph, if determined appropriate by the Secretary.
            ``(3) Self-service tool.--For purposes of paragraph (1), a 
        self-service tool established by a group health plan meets the 
        requirements of this paragraph if such tool--
                    ``(A) is based on an Internet website;
                    ``(B) provides for real-time responses to requests 
                described in paragraph (1);
                    ``(C) is updated in a manner such that information 
                provided through such tool is timely and accurate at 
                the time such request is made;
                    ``(D) allows such a request to be made with respect 
                to an item or service furnished by--
                            ``(i) a specific provider that is a 
                        participating provider with respect to such 
                        item or service;
                            ``(ii) all providers that are participating 
                        providers with respect to such item or service; 
                        or
                            ``(iii) a provider that is not described in 
                        clause (ii);
                    ``(E) provides that such a request may be made with 
                respect to an item or service through use of the 
                billing code for such item or service or through use of 
                a descriptive term for such item or service; and
                    ``(F) meets any other requirement determined 
                appropriate by the Secretary.
        The Secretary may require such tool, as a condition of 
        complying with subparagraph (E), to link multiple billing codes 
        to a single descriptive term if the Secretary determines that 
        the billing codes to be so linked correspond to similar items 
        and services.
    ``(b) Rate and Payment Information.--
            ``(1) In general.--For plan years beginning on or after the 
        date that is 2 years after the date of the enactment of this 
        section, each group health plan (other than a grandfathered 
        health plan (as defined in section 1251(e) of the Patient 
        Protection and Affordable Care Act (42 U.S.C. 18011(e))) shall, 
        not less frequently than once every 3 months (or, in the case 
        of information described in paragraph (2)(B), not less 
        frequently than monthly), make available to the public the rate 
        and payment information described in paragraph (2) in 
        accordance with paragraph (3).
            ``(2) Rate and payment information described.--For purposes 
        of paragraph (1), the rate and payment information described in 
        this paragraph is, with respect to a group health plan, the 
        following:
                    ``(A) With respect to each item or service (other 
                than a drug) for which benefits are available under 
                such plan, the in-network rate in effect with each 
                provider that is a participating provider with respect 
                to such item or service, other than such a rate in 
                effect with a provider that, during the 1-year period 
                ending 10 business days before the date of the 
                publication of such information, did not submit any 
                claim for such item or service to such plan.
                    ``(B) With respect to each drug (identified by 
                national drug code) for which benefits are available 
                under such plan, the average amount paid by such plan 
                (net of rebates, discounts, and price concessions) for 
                such drug dispensed or administered during the 90-day 
                period beginning 180 days before such date of 
                publication to each provider that was a participating 
                provider with respect to such drug, broken down by each 
                such provider, other than such an amount paid to a 
                provider that, during such period, submitted fewer than 
                20 claims for such drug to such plan.
                    ``(C) With respect to each item or service for 
                which benefits are available under such plan, the 
                amount billed, and the amount allowed by the plan, for 
                each such item or service furnished during the 90-day 
                period specified in subparagraph (B) by a provider that 
                was not a participating provider with respect to such 
                item or service, broken down by each such provider, 
                other than items and services with respect to which 
                fewer than 20 claims for such item or service were 
                submitted to such plan during such period.
            ``(3) Manner of publication.--Rate and payment information 
        required to be made available under this subsection shall be so 
        made available in dollar amounts through 3 separate machine-
        readable files (or any successor technology, such as 
        application program interface technology, determined 
        appropriate by the Secretary) corresponding to the information 
        described in each of subparagraphs (A) through (C) of paragraph 
        (2) that meet such requirements as specified by the Secretary. 
        Such requirements shall ensure that such files are limited to 
        an appropriate size, do not include disclosure of unnecessary 
        duplicative information contained in other files made available 
        under this subsection, are made available in a widely-available 
        format through a publicly-available website that allows for 
        information contained in such files to be compared across group 
        health plans, and are accessible to individuals at no cost and 
        without the need to establish a user account or provide other 
        credentials.
            ``(4) User instructions.--Each group health plan shall make 
        available to the public instructions written in plain language 
        explaining how individuals may search for information described 
        in paragraph (2) in files submitted in accordance with 
        paragraph (3). The Secretary shall develop and publish a 
        template that such a plan may use in developing instructions 
        for purposes of the preceding sentence.
            ``(5) Attestation.--Each group health plan shall post, 
        along with rate and payment information made public by such 
        plan, an attestation that such information is complete and 
        accurate.
    ``(c) Definitions.--In this paragraph:
            ``(1) Participating provider.--The term `participating 
        provider' has the meaning given such term in section 9816.
            ``(2) In-network rate.--The term `in-network rate' means, 
        with respect to a health plan and an item or service furnished 
        by a provider that is a participating provider with respect to 
        such plan and item or service, the contracted rate in effect 
        between such plan and such provider for such item or 
        service.''.
                    (B) Clerical amendment.--The item relating to 
                section 9819 of the table of sections for subchapter B 
                of chapter 100 of the Internal Revenue Code of 1986 is 
                amended to read as follows:

``Sec. 9819. Price transparency requirements.''.
            (2) PHSA.--Section 2799A-4 of the Public Health Service Act 
        (42 U.S.C. 300gg-114) is amended to read as follows:

``SEC. 2799A-4. PRICE TRANSPARENCY REQUIREMENTS.

    ``(a) Cost Sharing Transparency.--
            ``(1) In general.--For plan years beginning on or after the 
        date that is 2 years after the date of the enactment of this 
        section, a group health plan or a health insurance issuer 
        offering group or individual health insurance coverage shall 
        permit individuals to learn the amount of cost-sharing 
        (including deductibles, copayments, and coinsurance) under the 
        individual's plan or coverage that the individual would be 
        responsible for paying with respect to the furnishing of a 
        specific item or service by a provider in a timely manner upon 
        the request of the individual. At a minimum, such information 
        shall include the information specified in paragraph (2) and 
        shall be made available to such individual through a self-
        service tool that meets the requirements of paragraph (3) or, 
        at the option of such individual, through a paper disclosure or 
        phone or other electronic disclosure (as selected by such 
        individual and provided at no cost to such individual) that 
        meets such requirements as the Secretary may specify.
            ``(2) Specified information.--For purposes of paragraph 
        (1), the information specified in this paragraph is, with 
        respect to an item or service for which benefits are available 
        under a group health plan or group or individual health 
        insurance coverage furnished by a health care provider to a 
        participant or beneficiary of such plan, or enrollee in such 
        coverage, the following:
                    ``(A) If such provider is a participating provider 
                with respect to such item or service, the in-network 
                rate (as defined in subsection (c)) for such item or 
                service.
                    ``(B) If such provider is not described in 
                subparagraph (A), the maximum allowed amount for such 
                item or service.
                    ``(C) The estimated amount of cost sharing 
                (including deductibles, copayments, and coinsurance) 
                that the participant or beneficiary will incur for such 
                item or service (which, in the case such item or 
                service is to be furnished by a provider described in 
                subparagraph (B), shall be calculated using the maximum 
                amount described in such subparagraph).
                    ``(D) The amount the participant, beneficiary, or 
                enrollee has already accumulated with respect to any 
                deductible or out of pocket maximum, whether for items 
                and services furnished by a participating provider or 
                for items and services furnished by a provider that is 
                not a participating provider, under the plan or 
                coverage (broken down, in the case separate deductibles 
                or maximums apply to separate participants, 
                beneficiaries or enrollees enrolled in the plan or 
                coverage, by such separate deductibles or maximums, in 
                addition to any cumulative deductible or maximum).
                    ``(E) In the case such plan or coverage imposes any 
                frequency or volume limitations with respect to such 
                item or service (excluding medical necessity 
                determinations), the amount that such participant, 
                beneficiary, or enrollee has accrued towards such 
                limitation with respect to such item or service.
                    ``(F) Any prior authorization, concurrent review, 
                step therapy, fail first, or similar requirements 
                applicable to coverage of such item or service under 
                such plan or coverage.
        The Secretary may provide that information described in any of 
        subparagraphs (A) through (F) not be treated as information 
        specified in this paragraph, and specify additional information 
        that shall be treated as information specified in this 
        paragraph, if determined appropriate by the Secretary.
            ``(3) Self-service tool.--For purposes of paragraph (1), a 
        self-service tool established by a group health plan or group 
        or individual health insurance coverage meets the requirements 
        of this paragraph if such tool--
                    ``(A) is based on an Internet website;
                    ``(B) provides for real-time responses to requests 
                described in paragraph (1);
                    ``(C) is updated in a manner such that information 
                provided through such tool is timely and accurate at 
                the time such request is made;
                    ``(D) allows such a request to be made with respect 
                to an item or service furnished by--
                            ``(i) a specific provider that is a 
                        participating provider with respect to such 
                        item or service;
                            ``(ii) all providers that are participating 
                        providers with respect to such item or service; 
                        or
                            ``(iii) a provider that is not described in 
                        clause (ii);
                    ``(E) provides that such a request may be made with 
                respect to an item or service through use of the 
                billing code for such item or service or through use of 
                a descriptive term for such item or service; and
                    ``(F) meets any other requirement determined 
                appropriate by the Secretary.
        The Secretary may require such tool, as a condition of 
        complying with subparagraph (E), to link multiple billing codes 
        to a single descriptive term if the Secretary determines that 
        the billing codes to be so linked correspond to similar items 
        and services.
    ``(b) Rate and Payment Information.--
            ``(1) In general.--For plan years beginning on or after the 
        date that is 2 years after the date of the enactment of this 
        section, each group health plan (other than a grandfathered 
        health plan (as defined in section 1251(e) of the Patient 
        Protection and Affordable Care Act (42 U.S.C. 18011(e))) or 
        group or individual health insurance coverage, shall, not less 
        frequently than once every 3 months (or, in the case of 
        information described in paragraph (2)(B), not less frequently 
        than monthly), make available to the public the rate and 
        payment information described in paragraph (2) in accordance 
        with paragraph (3).
            ``(2) Rate and payment information described.--For purposes 
        of paragraph (1), the rate and payment information described in 
        this paragraph is, with respect to a group health plan or group 
        or individual health insurance coverage, the following:
                    ``(A) With respect to each item or service (other 
                than a drug) for which benefits are available under 
                such plan or coverage, the in-network rate in effect 
                with each provider that is a participating provider 
                with respect to such item or service, other than such a 
                rate in effect with a provider that, during the 1-year 
                period ending 10 business days before the date of the 
                publication of such information, did not submit any 
                claim for such item or service to such plan or 
                coverage.
                    ``(B) With respect to each drug (identified by 
                national drug code) for which benefits are available 
                under such plan, the average amount paid by such plan 
                or coverage (net of rebates, discounts, and price 
                concessions) for such drug dispensed or administered 
                during the 90-day period beginning 180 days before such 
                date of publication to each provider that was a 
                participating provider with respect to such drug, 
                broken down by each such provider, other than such an 
                amount paid to a provider that, during such period, 
                submitted fewer than 20 claims for such drug to such 
                plan or coverage.
                    ``(C) With respect to each item or service for 
                which benefits are available under such plan or 
                coverage, the amount billed, and the amount allowed by 
                the plan or coverage, for each such item or service 
                furnished during the 90-day period specified in 
                subparagraph (B) by a provider that was not a 
                participating provider with respect to such item or 
                service, broken down by each such provider, other than 
                items and services with respect to which fewer than 20 
                claims for such item or service were submitted to such 
                plan or coverage during such period.
            ``(3) Manner of publication.--Rate and payment information 
        required to be made available under this subsection shall be so 
        made available in dollar amounts through 3 separate machine-
        readable files (or any successor technology, such as 
        application program interface technology, determined 
        appropriate by the Secretary) corresponding to the information 
        described in each of subparagraphs (A) through (C) of paragraph 
        (2) that meet such requirements as specified by the Secretary. 
        Such requirements shall ensure that such files are limited to 
        an appropriate size, do not include disclosure of unnecessary 
        duplicative information contained in other files made available 
        under this subsection, are made available in a widely-available 
        format through a publicly-available website that allows for 
        information contained in such files to be compared across group 
        health plans and group and individual health insurance 
        coverage, and are accessible to individuals at no cost and 
        without the need to establish a user account or provide other 
        credentials.
            ``(4) User instructions.--Each group health plan and group 
        or individual health insurance coverage shall make available to 
        the public instructions written in plain language explaining 
        how individuals may search for information described in 
        paragraph (2) in files submitted in accordance with paragraph 
        (3). The Secretary shall develop and publish a template that 
        such a plan or coverage may use in developing instructions for 
        purposes of the preceding sentence.
            ``(5) Attestation.--Each group health plan and group or 
        individual health insurance coverage shall post, along with 
        rate and payment information made public by such plan or 
        coverage, an attestation that such information is complete and 
        accurate.
    ``(c) Definitions.--In this paragraph:
            ``(1) Participating provider.--The term `participating 
        provider' has the meaning given such term in section 2791A-
        1(a)(3)(G)(ii).
            ``(2) In-network rate.--The term `in-network rate' means, 
        with respect to a health plan or coverage and an item or 
        service furnished by a provider that is a participating 
        provider with respect to such plan and item or service, the 
        contracted rate in effect between such plan or coverage and 
        such provider for such item or service.''.
            (3) ERISA.--
                    (A) In general.--Section 719 of the Employee 
                Retirement Income Security Act of 1974 (29 U.S.C. 
                1185h) is amended to read as follows:

``SEC. 719. PRICE TRANSPARENCY REQUIREMENTS.

    ``(a) Cost Sharing Transparency.--
            ``(1) In general.--For plan years beginning on or after the 
        date that is 2 years after the date of the enactment of this 
        section, a group health plan or a health insurance issuer 
        offering group health insurance coverage shall permit 
        individuals to learn the amount of cost-sharing (including 
        deductibles, copayments, and coinsurance) under the 
        individual's plan or coverage that the individual would be 
        responsible for paying with respect to the furnishing of a 
        specific item or service by a provider in a timely manner upon 
        the request of the individual. At a minimum, such information 
        shall include the information specified in paragraph (2) and 
        shall be made available to such individual through a self-
        service tool that meets the requirements of paragraph (3) or, 
        at the option of such individual, through a paper disclosure or 
        phone or other electronic disclosure (as selected by such 
        individual and provided at no cost to such individual) that 
        meets such requirements as the Secretary may specify.
            ``(2) Specified information.--For purposes of paragraph 
        (1), the information specified in this paragraph is, with 
        respect to an item or service for which benefits are available 
        under a group health plan or group health insurance coverage 
        furnished by a health care provider to a participant or 
        beneficiary of such plan, or enrollee in such coverage, the 
        following:
                    ``(A) If such provider is a participating provider 
                with respect to such item or service, the in-network 
                rate (as defined in subsection (c)) for such item or 
                service.
                    ``(B) If such provider is not described in 
                subparagraph (A), the maximum allowed amount for such 
                item or service.
                    ``(C) The estimated amount of cost sharing 
                (including deductibles, copayments, and coinsurance) 
                that the participant or beneficiary will incur for such 
                item or service (which, in the case such item or 
                service is to be furnished by a provider described in 
                subparagraph (B), shall be calculated using the maximum 
                amount described in such subparagraph).
                    ``(D) The amount the participant, beneficiary, or 
                enrollee has already accumulated with respect to any 
                deductible or out of pocket maximum, whether for items 
                and services furnished by a participating provider or 
                for items and services furnished by a provider that is 
                not a participating provider, under the plan or 
                coverage (broken down, in the case separate deductibles 
                or maximums apply to separate participants, 
                beneficiaries or enrollees enrolled in the plan or 
                coverage, by such separate deductibles or maximums, in 
                addition to any cumulative deductible or maximum).
                    ``(E) In the case such plan or coverage imposes any 
                frequency or volume limitations with respect to such 
                item or service (excluding medical necessity 
                determinations), the amount that such participant, 
                beneficiary, or enrollee has accrued towards such 
                limitation with respect to such item or service.
                    ``(F) Any prior authorization, concurrent review, 
                step therapy, fail first, or similar requirements 
                applicable to coverage of such item or service under 
                such plan or coverage.
        The Secretary may provide that information described in any of 
        subparagraphs (A) through (F) not be treated as information 
        specified in this paragraph, and specify additional information 
        that shall be treated as information specified in this 
        paragraph, if determined appropriate by the Secretary.
            ``(3) Self-service tool.--For purposes of paragraph (1), a 
        self-service tool established by a group health plan or group 
        health insurance coverage meets the requirements of this 
        paragraph if such tool--
                    ``(A) is based on an Internet website;
                    ``(B) provides for real-time responses to requests 
                described in paragraph (1);
                    ``(C) is updated in a manner such that information 
                provided through such tool is timely and accurate at 
                the time such request is made;
                    ``(D) allows such a request to be made with respect 
                to an item or service furnished by--
                            ``(i) a specific provider that is a 
                        participating provider with respect to such 
                        item or service;
                            ``(ii) all providers that are participating 
                        providers with respect to such item or service; 
                        or
                            ``(iii) a provider that is not described in 
                        clause (ii);
                    ``(E) provides that such a request may be made with 
                respect to an item or service through use of the 
                billing code for such item or service or through use of 
                a descriptive term for such item or service; and
                    ``(F) meets any other requirement determined 
                appropriate by the Secretary.
        The Secretary may require such tool, as a condition of 
        complying with subparagraph (E), to link multiple billing codes 
        to a single descriptive term if the Secretary determines that 
        the billing codes to be so linked correspond to similar items 
        and services.
    ``(b) Rate and Payment Information.--
            ``(1) In general.--For plan years beginning on or after the 
        date that is 2 years after the date of the enactment of this 
        section, each group health plan (other than a grandfathered 
        health plan (as defined in section 1251(e) of the Patient 
        Protection and Affordable Care Act (42 U.S.C. 18011(e))) or 
        group health insurance coverage, shall, not less frequently 
        than once every 3 months (or, in the case of information 
        described in paragraph (2)(B), not less frequently than 
        monthly), make available to the public the rate and payment 
        information described in paragraph (2) in accordance with 
        paragraph (3).
            ``(2) Rate and payment information described.--For purposes 
        of paragraph (1), the rate and payment information described in 
        this paragraph is, with respect to a group health plan or group 
        health insurance coverage, the following:
                    ``(A) With respect to each item or service (other 
                than a drug) for which benefits are available under 
                such plan or coverage, the in-network rate in effect 
                with each provider that is a participating provider 
                with respect to such item or service, other than such a 
                rate in effect with a provider that, during the 1-year 
                period ending 10 business days before the date of the 
                publication of such information, did not submit any 
                claim for such item or service to such plan or 
                coverage.
                    ``(B) With respect to each drug (identified by 
                national drug code) for which benefits are available 
                under such plan, the average amount paid by such plan 
                or coverage (net of rebates, discounts, and price 
                concessions) for such drug dispensed or administered 
                during the 90-day period beginning 180 days before such 
                date of publication to each provider that was a 
                participating provider with respect to such drug, 
                broken down by each such provider, other than such an 
                amount paid to a provider that, during such period, 
                submitted fewer than 20 claims for such drug to such 
                plan or coverage.
                    ``(C) With respect to each item or service for 
                which benefits are available under such plan or 
                coverage, the amount billed, and the amount allowed by 
                the plan or coverage, for each such item or service 
                furnished during the 90-day period specified in 
                subparagraph (B) by a provider that was not a 
                participating provider with respect to such item or 
                service, broken down by each such provider, other than 
                items and services with respect to which fewer than 20 
                claims for such item or service were submitted to such 
                plan or coverage during such period.
            ``(3) Manner of publication.--Rate and payment information 
        required to be made available under this subsection shall be so 
        made available in dollar amounts through 3 separate machine-
        readable files (or any successor technology, such as 
        application program interface technology, determined 
        appropriate by the Secretary) corresponding to the information 
        described in each of subparagraphs (A) through (C) of paragraph 
        (2) that meet such requirements as specified by the Secretary. 
        Such requirements shall ensure that such files are limited to 
        an appropriate size, do not include disclosure of unnecessary 
        duplicative information contained in other files made available 
        under this subsection, are made available in a widely-available 
        format through a publicly-available website that allows for 
        information contained in such files to be compared across group 
        health plans and group and individual health insurance 
        coverage, and are accessible to individuals at no cost and 
        without the need to establish a user account or provide other 
        credentials.
            ``(4) User instructions.--Each group health plan and group 
        health insurance coverage shall make available to the public 
        instructions written in plain language explaining how 
        individuals may search for information described in paragraph 
        (2) in files submitted in accordance with paragraph (3). The 
        Secretary shall develop and publish a template that such a plan 
        or coverage may use in developing instructions for purposes of 
        the preceding sentence.
            ``(5) Attestation.--Each group health plan and group health 
        insurance coverage shall post, along with rate and payment 
        information made public by such plan or coverage, an 
        attestation that such information is complete and accurate.
    ``(c) Definitions.--In this paragraph:
            ``(1) Participating provider.--The term `participating 
        provider' has the meaning given such term in section 2791A-
        1(a)(3)(G)(ii).
            ``(2) In-network rate.--The term `in-network rate' means, 
        with respect to a health plan or coverage and an item or 
        service furnished by a provider that is a participating 
        provider with respect to such plan and item or service, the 
        contracted rate in effect between such plan or coverage and 
        such provider for such item or service.''.
                    (B) Clerical amendment.--The table of contents in 
                section 1 of the Employee Retirement Income Security 
                Act of 1974 is amended by striking the item relating to 
                section 719 and inserting the following new item:

``Sec. 719. Price transparency requirements.''.
    (b) Accessibility Through Implementation.--In implementing the 
amendments made by subsection (a), the Secretary of the Treasury, the 
Secretary of Health and Human Services, and the Secretary of Labor 
shall take reasonable steps to ensure the accessibility of information 
made available pursuant to such amendments, including reasonable steps 
to ensure that such information is provided in plain, easily 
understandable language and that interpretation, translations, and 
assistive services are provided by group health plans and health 
insurance issuers offering group or individual health insurance 
coverage to make such information accessible to those with limited 
English proficiency and those with disabilities.
    (c) Continued Applicability of Rules for Previous Years.--Nothing 
in the amendments made by subsection (a) may be construed as affecting 
the applicability of the rule entitled ``Transparency in Coverage'' 
published by the Department of the Treasury, the Department of Labor, 
and the Department of Health and Human Services on November 12, 2020 
(85 Fed. Reg. 72158) for any plan year beginning before the date that 
is 2 years after the date of the enactment of this Act.
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