[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4668-S4669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2334. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. HOSPITAL PRICE TRANSPARENCY REQUIREMENTS.

       Section 2718(e) of the Public Health Service Act (42 U.S.C. 
     300gg-18(e)) is amended--
       (1) by striking ``Each hospital'' and inserting the 
     following:
       ``(1) In general.--Each hospital'';
       (2) by inserting ``, in accordance with paragraph (2)'', 
     after ``for each year''; and
       (3) by adding at the end the following:
       ``(2) Timing requirements.--
       ``(A) In general.--Each hospital operating in the United 
     States on the date of enactment of this paragraph shall, not 
     later than 6 months after such date of enactment and every 
     year thereafter, establish (and update) and make public the 
     list under paragraph (1).
       ``(B) Newly operating hospitals.--In the case of a hospital 
     that begins operating in the United States after the date of 
     enactment of this paragraph, the hospital shall comply with 
     the requirements described in subparagraph (A) not later than 
     6 months after the date on which the hospital begins such 
     operation and every year thereafter.
       ``(3) Prohibition on shielding information.--No hospital 
     may shield the information required under paragraph (1) from 
     online search results through webpage coding.
       ``(4) Civil monetary penalties.--
       ``(A) In general.--A hospital that fails to comply with the 
     requirements of this subsection for a year shall be subject 
     to a civil monetary penalty of an amount not to exceed--
       ``(i) in the case of a hospital with a bed count of 30 or 
     fewer, $600 for each day in which the hospital fails to 
     comply with such requirements;

[[Page S4669]]

       ``(ii) in the case of a hospital with a bed count that is 
     greater than 30 and equal to or fewer than 550, $20 per bed 
     for each day in which the hospital fails to comply with such 
     requirements; or
       ``(iii) in the case of a hospital with a bed count that is 
     greater than 550, $11,000 for each day in which the hospital 
     fails to comply with such requirements.
       ``(B) Procedures.--
       ``(i) In general.--Except as otherwise provided in this 
     subsection, a civil monetary penalty under subparagraph (A) 
     shall be imposed and collected in accordance with part 180 of 
     title 45, Code of Federal Regulations (or successor 
     regulations).
       ``(ii) Timing.--A hospital shall pay in full a civil 
     monetary penalty imposed on the hospital under subparagraph 
     (A) not later than--

       ``(I) 60 calendar days after the date on which the 
     Secretary issues a notice of the imposition of such penalty; 
     or
       ``(II) in the event the hospital requests a hearing 
     pursuant to subpart D of part 180 of title 45, Code of 
     Federal Regulations (or successor regulations), 60 calendar 
     days after the date of a final and binding decision in 
     accordance with such subpart, to uphold, in whole or in part, 
     the civil monetary penalty.

       ``(5) List of hospitals not in compliance.--The Secretary 
     shall publish a list of the name of each hospital that is not 
     in compliance with the requirements under this subsection. 
     Such list shall be published 280 days after the date of 
     enactment of this paragraph and every 180 days thereafter.''.
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