[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3327 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3327

To require the Secretary of Health and Human Services to publish a list 
   of hospitals found to be in noncompliance with the hospital price 
                           transparency rule.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2023

  Mr. Braun (for himself and Mr. Budd) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Health and Human Services to publish a list 
   of hospitals found to be in noncompliance with the hospital price 
                           transparency rule.

    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 ``Expose Hospitals Violating Price 
Transparency Act''.

SEC. 2. PUBLICATION OF LIST OF HOSPITALS.

    (a) List of Hospitals.--Beginning not later than 90 days after the 
date of enactment of this Act, the Secretary of Health and Human 
Services (referred to in this section as the ``Secretary'') shall 
establish and maintain a publicly available list, on the website of the 
Centers for Medicare & Medicaid Services, of each hospital that--
            (1) is not in compliance with the hospital price 
        transparency rule implementing section 2718(e) of the Public 
        Health Service Act (42 U.S.C. 300gg-18(e)), and that, with 
        respect to such noncompliance--
                    (A) has been issued a civil monetary penalty;
                    (B) has received a warning notice; or
                    (C) has received a request for a corrective action 
                plan; or
            (2) has received any written communication by the Secretary 
        regarding potential noncompliance with such hospital price 
        transparency rule.
    (b) FOIA Requests.--Any penalty, notice, request, or other 
communication described in subsection (a) shall be subject to public 
disclosure, in full and without redaction, under section 552 of title 
5, United States Code, notwithstanding any exemptions or exclusions 
otherwise available under such section 552.
    (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act and each year thereafter, the Secretary shall 
submit to Congress, and make publicly available, a report that contains 
information regarding complaints of alleged violations of law and 
enforcement activities by the Secretary under the hospital price 
transparency rule implementing section 2718(e) of the Public Health 
Service Act (42 U.S.C. 300gg-18(e)). Such report shall be made 
available to the public on the website of the Centers for Medicare & 
Medicaid Services.
    (d) GAO Report.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to the Committee on Health, Education, Labor, and Pensions of the 
Senate and the Committee on Ways and Means and the Committee on Energy 
and Commerce of the House of Representatives a report on the compliance 
and enforcement with the hospital price transparency rule implementing 
section 2718(e) of the Public Health Service Act (42 U.S.C. 300gg-
18(e)). The report shall include recommendations related to--
            (1) improving price transparency to patients, employers, 
        and the public;
            (2) the revocation or suspension of tax-exempt status under 
        section 501(c)(3) of the Internal Revenue Code of 1986 for 
        noncompliant hospitals; and
            (3) increased civil monetary penalty amounts to ensure 
        compliance.
    (e) Rulemaking.--Not later than 180 days after the report described 
in subsection (d) is published, the Secretary, in consultation with the 
Secretary of the Treasury, shall issue a proposed rule based on the 
recommendations of the Comptroller General of the United States under 
subsection (d), including the recommendations described in paragraphs 
(2) and (3) of such subsection.
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