[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7292 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 7292

   To amend title XI of the Social Security Act to lower barriers to 
                increase patient access to health care.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2024

Mr. Moore of Utah (for himself, Mr. Schneider, Ms. Malliotakis, and Mr. 
   Panetta) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   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 title XI of the Social Security Act to lower barriers to 
                increase patient access to health 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 ``Health Accelerating Consumer's Care 
by Expediting Self-Scheduling Act'' or the ``Health ACCESS Act''.

SEC. 2. AMENDMENTS TO SECTION 1128B.

    Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-7b(b)) 
is amended--
            (1) in paragraph (3)--
                    (A) by moving the margin of subparagraphs (J) and 
                (K) 2 ems to the left;
                    (B) in subparagraph (K), by striking ``and'' after 
                the semicolon at the end;
                    (C) in subparagraph (L), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                subparagraph:
            ``(M) any remuneration paid by a provider of services (as 
        defined in section 1861(u)) or a supplier (as defined in 
        section 1861(d)) to an information service provider (as defined 
        in paragraph (5)), if--
                    ``(i) such information service provider does not--
                            ``(I) steer or lead a consumer to select a 
                        particular provider of services or supplier 
                        based on the amount a provider of services or 
                        supplier pays or may pay the information 
                        service provider;
                            ``(II) provide, or represent itself as 
                        providing, any medical items or services, 
                        diagnostic or counseling services, or 
                        assessments of illness or injury, or make any 
                        promises of cure or guarantees of treatment;
                            ``(III) provide contact information 
                        regarding a consumer (as defined in paragraph 
                        (5)) to providers of services or suppliers, 
                        except to the specific provider of services or 
                        supplier selected by the consumer;
                            ``(IV) provide or arrange for 
                        transportation of an individual to, or from, 
                        the location of a provider of services or 
                        supplier;
                            ``(V) provide or arrange for the provision 
                        of any other remuneration to a Federal health 
                        care program beneficiary other than the 
                        inherent convenience of the information 
                        service; or
                            ``(VI) engage in targeted marketing of a 
                        particular provider of services or supplier 
                        through phone calls or text messages, with 
                        respect to consumers or potential consumers who 
                        have not previously interacted with the 
                        information service provider and who have not 
                        opted out;
                    ``(ii) the methodology for determining compensation 
                paid to the information service provider by a provider 
                of services or supplier is set in advance in writing, 
                and the compensation--
                            ``(I) does not exceed fair market value;
                            ``(II) is for services, specified in 
                        writing; and
                            ``(III) does not take into account the 
                        value of any items or services payable in whole 
                        or in part by a Federal health care program 
                        that result from recommendations by the 
                        information service provider for the provider 
                        of services or supplier;
                    ``(iii) such information service provider clearly 
                discloses the financial arrangement between it and the 
                providers of services or suppliers participating in 
                such service to consumers;
                    ``(iv) such information service provider furnishes 
                provider- and supplier-specific information to 
                consumers based only on objective, consumer-centric 
                criteria;
                    ``(v) such information service provider develops 
                objective criteria for participation in such 
                information service and does not exclude any providers 
                of services or suppliers who meet such criteria from 
                participating therein; and
                    ``(vi) such information service provider meets 
                other conditions that may be determined by the 
                Secretary.''; and
            (2) by adding at the end the following new paragraph:
    ``(5) Definitions.--For purposes of paragraph (3)(M):
            ``(A) Consumer.--The term `consumer' means an individual 
        who uses a platform provided by an information service provider 
        for the purpose of searching providers of services or 
        suppliers.
            ``(B) Information service provider.--The term `information 
        service provider' means any individual or entity operating a 
        web-based platform that makes information regarding providers 
        of services or suppliers available to consumers.''.
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