[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3744 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3744

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2024

  Mr. Cassidy (for himself and Mr. Padilla) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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 left margins of subparagraphs (J) 
                and (K) 2 ems to the left;
                    (B) in subparagraph (K), by striking ``and'' 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 as permitted pursuant to the nominal value 
                        guidance; or
                            ``(VI) engage in targeted marketing of a 
                        particular provider 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 such 
                other conditions as may be determined appropriate by 
                the Secretary.''; and
                    (E) by adding at the end the following new 
                paragraph:
    ``(5) Definition of Consumer; Information Service Provider.--For 
purposes of paragraph (3)(M):
            ``(A) Consumer.--The term `consumer' means an individual 
        who uses a web-based platform operated 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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