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Medicare Advantage Prompt Pay Act

Introduced Sep 18, 2025 · Last action Sep 18, 2025 Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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.

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Summary

This legislation is called the Medicare Advantage Prompt Pay Act. It is being reviewed by a committee.

Full bill text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5454 Introduced in House (IH)]

<DOC>

119th CONGRESS
  1st Session
                                H. R. 5454

   To amend title XVIII of the Social Security Act to apply improved
    prompt payment requirements to Medicare Advantage organizations.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2025

 Mr. Arrington (for himself and Ms. Sanchez) introduced the following
  bill; which was referred to the Committee on Ways and Means, and in
 addition to the Committee on Energy and Commerce, 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 XVIII of the Social Security Act to apply improved
    prompt payment requirements to Medicare Advantage organizations.

    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 ``Medicare Advantage Prompt Pay Act''.

SEC. 2. APPLICATION OF IMPROVED PROMPT PAYMENT REQUIREMENTS TO MEDICARE
              ADVANTAGE ORGANIZATIONS.

    (a) Requirements.--
            (1) In general.--Section 1857 of the Social Security Act
        (42 U.S.C. 1395w-27) is amended--
                    (A) in subsection (f), by striking paragraph (1)
                and inserting the following:
            ``(1) Requirements.--
                    ``(A) Items and services furnished by in-network
                and out-of-network providers of services and
                suppliers.--
                            ``(i) In general.--A contract under this
                        part between the Secretary and a Medicare
                        Advantage organization offering a Medicare
                        Advantage plan shall require the organization
                        to provide prompt payment for not less than 95
                        percent of clean claims submitted to the
                        organization, with respect to covered items or
                        services furnished to enrollees by a provider
                        of services or supplier, within the applicable
                        number of calendar days after the date of
                        initial receipt of such clean claim, regardless
                        of whether such items or services are furnished
                        under a contract between the organization and
                        the provider of services or supplier.
                            ``(ii) Applicable number of calendar
                        days.--In clause (i), the term `applicable
                        number of calendar days' means--
                                    ``(I) in the case of a claim
                                submitted electronically, by a provider
                                of services or supplier for items or
                                services furnished under a contract
                                between the organization and the
                                provider of services or supplier, 14
                                days; and
                                    ``(II) in the case of a claim not
                                described in subclause (I), 30 days.
                    ``(B) Clean claim defined.--In this paragraph, the
                term `clean claim' means a claim that--
                            ``(i) has a complete data set, with respect
                        to the UB-04 or CMS 1500 form, as applicable
                        (or successor to such applicable form), for all
                        entries identified as mandatory entries by the
                        National Uniform Billing Committee; and
                            ``(ii) in the case of a claim submitted
                        electronically, is completed in accordance with
                        the applicable standards and data elements
                        adopted under section 1173(a).
                    ``(C) Rebuttable presumption for receipt of
                claim.--
                            ``(i) In general.--For purposes of this
                        paragraph, there shall be a rebuttable
                        presumption that a claim has been received by
                        an MA organization--
                                    ``(I) in the case of a claim
                                submitted electronically, on the date
                                verified in the health care claim
                                status request and response transaction
                                that is for such claim and meets
                                applicable standards and data elements
                                adopted under section 1173(a) for such
                                electronic requests and responses; and
                                    ``(II) in the case of a claim
                                submitted otherwise, on the fifth
                                business day after the postmark date of
                                the claim or the date specified in the
                                time stamp of the transmission.
                            ``(ii) Business day defined.--In clause
                        (i)(II), the term `business day' means any day
                        other than Saturday, Sunday, or a legal public
                        holiday described in section 6103 of title 5,
                        United States Code.
                    ``(D) Interest applied for clean claims not
                promptly paid.--If payment for such covered items or
                services is not issued, mailed, or otherwise
                transmitted to the provider of services or supplier for
                such claims that are clean claims, in accordance with
                subparagraph (A), by not later than the deadline for
                such payment under such subparagraph, the MA
                organization shall pay the provider of services or
                supplier interest at the rate used for purposes of
                section 3902(a) of title 31, United States Code
                (relating to interest penalties for failure to make
                prompt payments) for the period beginning on the day
                after such required payment date and ending on the date
                on which payment is made.''; and
                    (B) in subsection (g)--
                            (i) by redesignating paragraph (4) as
                        paragraph (5);
                            (ii) by inserting after paragraph (3) the
                        following new paragraph:
            ``(4) Application of civil money penalties to prompt pay
        violations.--If the Secretary determines that an MA
        organization with a contract under this section is not in
        compliance with subsection (f)(1), the Secretary shall provide,
        in addition to any other remedies authorized by law, for civil
        money penalties of not more than $25,000 for each such
        determination. In making a determination under the previous
        sentence, the Secretary may take into account information
        collected pursuant to section 1851(d)(4)(D)(v).''; and
                            (iii) in paragraph (5), as redesignated by
                        clause (i), by striking ``or (3)'' and
                        inserting ``, (3), or (4)''.
            (2) Effective date.--The amendments made by this subsection
        shall apply with respect to items and services furnished on or
        after January 1, 2027, and contract years beginning on or after
        such date.
    (b) Provision of Information Regarding Compliance With Prompt
Payment Requirements.--Section 1851(d)(4)(D) of the Social Security Act
(42 U.S.C. 1395w-21(d)(4)(D)) is amended--
            (1) in clause (iii), by striking ``and'' at the end;
            (2) in clause (iv), by striking the period and inserting
        ``, and''; and
            (3) by adding at the end the following new clause:
                            ``(v) information regarding compliance of
                        the plan with the prompt payment requirements
                        under section 1857(f)(1), including, with
                        respect to the most recent 12-month period for
                        which data are available--
                                    ``(I) the number and percent of
                                submitted claims for which payment was
                                made by the plan;
                                    ``(II) the number and percent of
                                submitted claims--
                                            ``(aa) that were for items
                                        or services furnished by a
                                        provider of services or
                                        supplier under a contract
                                        between the organization
                                        offering the plan and the
                                        provider of services or
                                        supplier; and
                                            ``(bb) that were for items
                                        or services not furnished under
                                        such a contract;
                                    ``(III) the number and percent of
                                submitted claims described in each of
                                items (aa) and (bb) of subclause (II)
                                for which payment was made by the plan
                                by the deadline required pursuant to
                                section 1857(f)(1)(A);
                                    ``(IV) the number and percent of
                                submitted claims described in each of
                                items (aa) and (bb) of subclause (II)
                                for which interest was paid by the plan
                                pursuant to section 1857(f)(1)(D); and
                                    ``(V) the total amount of interest
                                paid by the plan pursuant to such
                                section.''.
                                 <all>

Official legislative text sourced from the public record (cached on CivicsHQ).

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Status

In Committee

  1. 1Introduced
  2. 2Committee
  3. 3Floor
  4. 4Passed
  5. 5Signed

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