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Lower Costs, More Transparency Act of 2026

Introduced Jun 23, 2026 · Last action Jul 21, 2026 Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 45 - 0.

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Summary

This legislation is called the Lower Costs, More Transparency Act of 2026. Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 45 - 0.

Full bill text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9393 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                                H. R. 9393

        To promote price transparency in the health care sector.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2026

  Mr. Guthrie (for himself and Mr. Pallone) introduced the following
 bill; which was referred to the Committee on Energy and Commerce, and
  in addition to the Committees on Ways and Means, and Education and
 Workforce, 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 promote price transparency in the health care sector.

    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 ``Lower Costs, More Transparency Act
of 2026''.

SEC. 2. HOSPITAL PRICE TRANSPARENCY.

    (a) Medicare.--
            (1) In general.--Part E of title XVIII of the Social
        Security Act (42 U.S.C. 1395x et seq.) is amended by adding at
        the end the following new section:

``SEC. 1899D. HOSPITAL PRICE TRANSPARENCY.

    ``(a) Transparency Requirement.--
            ``(1) In general.--Beginning January 1, 2028, each
        specified hospital that receives payment under this title for
        furnishing items and services shall comply with the price
        transparency requirement described in paragraph (2).
            ``(2) Requirement described.--
                    ``(A) In general.--For purposes of paragraph (1),
                the price transparency requirement described in this
                paragraph is, with respect to a specified hospital,
                that such hospital, in accordance with a method and
                format established by the Secretary under subparagraph
                (C), compile and make public (without subscription and
                free of charge) for each year--
                            ``(i) all of the hospital's standard
                        charges (including the information described in
                        subparagraph (B)) for each item and service
                        furnished by such hospital;
                            ``(ii) information in a consumer-friendly
                        format (as specified by the Secretary)--
                                    ``(I) on the hospital's prices
                                (including the information described in
                                subparagraph (B)) for as many of the
                                Centers for Medicare & Medicaid
                                Services-specified shoppable services
                                that are furnished by the hospital, and
                                as many additional hospital-selected
                                shoppable services (or all such
                                additional services, if such hospital
                                furnishes fewer than 300 shoppable
                                services) as may be necessary for a
                                combined total of at least 300
                                shoppable services; and
                                    ``(II) that includes, with respect
                                to each Centers for Medicare & Medicaid
                                Services-specified shoppable service
                                that is not furnished by the hospital,
                                an indication that such service is not
                                so furnished;
                            ``(iii) each type 2 national provider
                        identifier associated with the hospital or a
                        unit of the hospital; and
                            ``(iv) an attestation that all information
                        made public pursuant to this subparagraph is
                        complete and accurate.
                    ``(B) Information described.--For purposes of
                subparagraph (A), the information described in this
                subparagraph is, with respect to standard charges and
                prices, as applicable, made public by a specified
                hospital, the following:
                            ``(i) A plain language description (as
                        specified by the Secretary) of each item or
                        service, accompanied by, as applicable, the
                        Healthcare Common Procedure Coding System code,
                        the diagnosis-related group, the national drug
                        code, or other identifier used or approved by
                        the Centers for Medicare & Medicaid Services.
                            ``(ii) The gross charge, as applicable,
                        expressed as a dollar amount, for each such
                        item or service, when provided in, as
                        applicable, the inpatient setting and
                        outpatient department setting.
                            ``(iii) For each such item or service when
                        provided in, as applicable, the inpatient and
                        outpatient department settings--
                                    ``(I) the discounted cash price, as
                                applicable, expressed as a dollar
                                amount; or
                                    ``(II) in the case no discounted
                                cash price is available for such item
                                or service, the median cash price
                                charged by the hospital (not including
                                charity care) to self-pay individuals
                                for such item or service when provided
                                in such settings for the previous three
                                years, expressed as a dollar amount.
                            ``(iv) With respect to prices made public
                        pursuant to subparagraph (A)(ii), a link to a
                        consumer-friendly document that clearly
                        explains the hospital's charity care policy
                        that includes, if applicable, any sliding scale
                        payment structure employed for determining
                        prices.
                            ``(v) The payer-specific negotiated
                        charges, as applicable, clearly associated with
                        the name of the third party payer and plan and
                        expressed as a dollar amount, that apply to
                        each such item or service when provided in, as
                        applicable, the inpatient setting and
                        outpatient department setting.
                            ``(vi) The de-identified maximum and
                        minimum negotiated charges, as applicable, for
                        each such item or service, not including any
                        such charge that is $0.
                            ``(vii) Any other additional information
                        the Secretary may require (in consultation with
                        stakeholders) for the purpose of improving the
                        accuracy of, or enabling consumers to easily
                        understand and compare, standard charges and
                        prices for an item or service, except
                        information that is duplicative of any other
                        reporting requirement under this subsection.
                    ``(C) Uniform method and format.--Not later than
                January 1, 2028, the Secretary shall establish a
                standard, uniform method and format for specified
                hospitals to use in compiling and making public
                standard charges pursuant to subparagraph (A)(i) and a
                standard, uniform method and format for such hospitals
                to use in compiling and making public prices pursuant
                to subparagraph (A)(ii). Such methods and formats--
                            ``(i) shall, in the case of such method and
                        format for making public standard charges
                        pursuant to subparagraph (A)(i), ensure that
                        such charges are made available in a machine-
                        readable format (or a successor technology
                        specified by the Secretary);
                            ``(ii) may be similar to any template made
                        available by the Centers for Medicare &
                        Medicaid Services as of the date of the
                        enactment of this subparagraph;
                            ``(iii) shall meet such standards as
                        determined appropriate by the Secretary in
                        order to ensure the accessibility and usability
                        of such charges and prices; and
                            ``(iv) shall be updated as determined
                        appropriate by the Secretary, in consultation
                        with stakeholders.
            ``(3) Monitoring compliance.--The Secretary shall establish
        processes to monitor and assess specified hospitals' compliance
        with this subsection. Such processes shall include processes
        relating to the following:
                    ``(A) The evaluation and analysis of complaints
                made by individuals or other entities relating to such
                hospitals' compliance with this subsection.
                    ``(B) The use of audits to ensure such hospitals'
                compliance with this subsection.
                    ``(C) The obtaining of additional information from
                such hospitals to determine such hospitals' compliance
                with this subsection (as determined appropriate by the
                Secretary).
            ``(4) Enforcement.--
                    ``(A) In general.--In the case of a specified
                hospital that fails to comply with the requirements of
                this subsection--
                            ``(i) not later than 30 days after the date
                        on which the Secretary determines such failure
                        exists, the Secretary shall submit to such
                        hospital a notification of such determination
                        (which may include, as determined appropriate
                        by the Secretary, a request for a corrective
                        action plan (to be submitted not later than 45
                        days after such request is made) to comply with
                        such requirements); and
                            ``(ii) in the case of a hospital that does
                        not receive a request for a corrective action
                        plan as part of a notification submitted by the
                        Secretary under clause (i)--
                                    ``(I) the Secretary shall, not
                                later than 60 days after such
                                notification is sent, determine whether
                                such hospital is in compliance with
                                such requirements; and
                                    ``(II) if the Secretary determines
                                under subclause (I) that such hospital
                                is not in compliance with such
                                requirements, the Secretary shall
                                either--
                                            ``(aa) submit to such
                                        hospital a request for a
                                        corrective action plan (to be
                                        submitted not later than 45
                                        days after such request is
                                        made) to comply with such
                                        requirements; or
                                            ``(bb) if the Secretary
                                        determines that such hospital
                                        has not taken meaningful
                                        actions to come into compliance
                                        since such notification was
                                        sent, impose a civil monetary
                                        penalty in accordance with
                                        subparagraph (B).
                    ``(B) Civil monetary penalty.--
                            ``(i) In general.--Subject to clause (vii),
                        in addition to any other enforcement actions or
                        penalties that may apply under another
                        provision of Federal law, a specified hospital
                        that has received a request for a corrective
                        action plan under clause (i) or (ii) of
                        subparagraph (A) and fails to comply with the
                        requirements of this subsection by the date
                        that is 90 days after such request is made (or,
                        if such hospital has submitted such a
                        corrective action plan not later than 45 days
                        after the date such request was made, by the
                        date that is 90 days after the date of the
                        submission of such corrective action plan), and
                        a specified hospital with respect to which the
                        Secretary has made a determination described in
                        clause (ii)(II)(bb) of such subparagraph, shall
                        be subject to a civil monetary penalty of an
                        amount specified by the Secretary for each day
                        (beginning with the day on which the Secretary
                        first determined that such hospital was not
                        complying with such requirements) during which
                        such failure was ongoing. Such amount shall not
                        exceed--
                                    ``(I) in the case of a specified
                                hospital with 30 or fewer beds, $300
                                per day (or, in the case of such a
                                hospital that has been noncompliant
                                with such requirements for a 1-year
                                period or longer, beginning with the
                                first day following such 1-year period,
                                $400 per day);
                                    ``(II) in the case of a specified
                                hospital with more than 30 beds but
                                fewer than 101 beds, $12.50 per bed per
                                day (or, in the case of such a hospital
                                that has been noncompliant with such
                                requirements for a 1-year period or
                                longer, beginning with the first day
                                following such 1-year period, $15 per
                                bed per day);
                                    ``(III) in the case of a specified
                                hospital with more than 100 beds but
                                fewer than 201 beds, $17.50 per bed per
                                day (or, in the case of such a hospital
                                that has been noncompliant with such
                                requirements for a 1-year period or
                                longer, beginning with the first day
                                following such 1-year period, $20 per
                                bed per day);
                                    ``(IV) in the case of a specified
                                hospital with more than 200 beds but
                                fewer than 501 beds, $20 per bed per
                                day (or, in the case of such a hospital
                                that has been noncompliant with such
                                requirements for a 1-year period or
                                longer, beginning with the first day
                                following such 1-year period, $25 per
                                bed per day); and
                                    ``(V) in the case of a specified
                                hospital with more than 500 beds, $25
                                per bed per day (or, in the case of
                                such a hospital that has been
                                noncompliant with such requirements for
                                a 1-year period or longer, beginning
                                with the first day following such 1-
                                year period, $35 per bed per day).
                            ``(ii) Increase authority.--In applying
                        this subparagraph with respect to violations
                        occurring in 2029 or a subsequent year, the
                        Secretary may through notice and comment
                        rulemaking increase--
                                    ``(I) the limitation on the per day
                                amount of any penalty applicable to a
                                specified hospital under clause (i)(I);
                                    ``(II) the limitations on the per
                                bed per day amount of any penalty
                                applicable under any of subclauses (II)
                                through (V) of clause (i); and
                                    ``(III) the amounts specified in
                                clause (iii)(II).
                            ``(iii) Persistent noncompliance.--
                                    ``(I) In general.--In the case of a
                                specified hospital (other than a
                                specified hospital with 30 or fewer
                                beds) that the Secretary has determined
                                to be knowingly and willfully
                                noncompliant with the provisions of
                                this subsection for two or more 6-month
                                periods during any 3-year period, the
                                Secretary may increase any penalty
                                otherwise applicable under this
                                subparagraph by the amount specified in
                                subclause (II) with respect to such
                                hospital and may require such hospital
                                to complete such additional corrective
                                actions plans as the Secretary may
                                specify.
                                    ``(II) Specified amount.--For
                                purposes of subclause (I), the amount
                                specified in this subclause is, with
                                respect to a specified hospital--
                                            ``(aa) with more than 30
                                        beds but fewer than 101 beds,
                                        an amount that is not less than
                                        $500,000 and not more than
                                        $1,000,000;
                                            ``(bb) with more than 100
                                        beds but fewer than 301 beds,
                                        an amount that is greater than
                                        $1,000,000 and not more than
                                        $2,000,000;
                                            ``(cc) with more than 300
                                        beds but fewer than 501 beds,
                                        an amount that is greater than
                                        $2,000,000 and not more than
                                        $4,000,000; and
                                            ``(dd) with more than 500
                                        beds, and amount that is not
                                        less than $5,000,000 and not
                                        more than $10,000,000.
                            ``(iv) Authority to waive or reduce
                        penalty.--
                                    ``(I) Hospitals located in rural or
                                underserved areas.--
                                            ``(aa) In general.--Subject
                                        to item (bb), the Secretary may
                                        waive any penalty, or reduce
                                        any penalty by not more than 75
                                        percent, otherwise applicable
                                        under this subparagraph with
                                        respect to a specified hospital
                                        located in a rural or
                                        underserved area if the
                                        Secretary certifies that
                                        imposition of such penalty
                                        would result in an immediate
                                        threat to access to care for
                                        individuals in the service area
                                        of such hospital.
                                            ``(bb) Limitation on
                                        application.--The Secretary may
                                        not elect to waive a penalty
                                        under item (aa) with respect to
                                        a specified hospital more than
                                        once in a 6-year period and may
                                        not elect to reduce such a
                                        penalty with respect to such a
                                        hospital more than once in such
                                        a period. Nothing in the
                                        preceding sentence shall be
                                        construed as prohibiting the
                                        Secretary from both waiving and
                                        reducing a penalty with respect
                                        to a specified hospital during
                                        a 6-year period.
                                    ``(II) Reduction if hearing
                                waived.--The Secretary may reduce any
                                penalty otherwise applicable under this
                                subparagraph (as reduced, if
                                applicable, under subclause (I)) by not
                                more than 35 percent if the specified
                                hospital that is the subject of such
                                penalty agrees to waive any right of
                                such hospital to a hearing before an
                                administrative law judge with respect
                                to the imposition of such penalty.
                            ``(v) Hardship exemption.--Notwithstanding
                        any limit on the waiver or reduction of a
                        penalty under clause (iv), the Secretary may
                        waive any penalty with respect to a specified
                        hospital on a case-by-case basis if the
                        Secretary determines that a circumstance exists
                        interfering with such hospital's ability to
                        comply with the provisions of this subsection
                        (such as a natural disaster (as defined in
                        section 602(a) of the Robert T. Stafford
                        Disaster Relief and Emergency Assistance Act),
                        a public health emergency, or other similar or
                        unexpected catastrophe or similar situation).
                            ``(vi) Provision of technical assistance.--
                        The Secretary shall, to the extent practicable,
                        provide technical assistance relating to
                        compliance with the provisions of this
                        subsection to specified hospitals requesting
                        such assistance.
                            ``(vii) Application of certain
                        provisions.--The provisions of section 1128A
                        (other than subsections (a) and (b) of such
                        section) shall apply to a civil monetary
                        penalty imposed under this subparagraph in the
                        same manner as such provisions apply to a civil
                        monetary penalty imposed under subsection (a)
                        of such section.
                            ``(viii) Nonduplication of certain
                        penalties.--
                                    ``(I) In general.--The Secretary
                                may not subject a specified hospital to
                                a civil monetary penalty under this
                                subparagraph with respect to
                                noncompliance with the provisions of
                                this subsection for a period if the
                                Secretary has imposed a civil monetary
                                penalty on such hospital under section
                                2718(f) of the Public Health Service
                                Act for failure to comply with the
                                provisions of such section for such
                                period.
                                    ``(II) Prioritization.--In the case
                                of a hospital that the Secretary
                                determines to be in violation of the
                                provisions of this subsection and of
                                section 2718(f) of the Public Health
                                Service Act, the Secretary shall impose
                                penalties as prescribed in such section
                                2718(f) in lieu of any penalties
                                prescribed in this subsection.
                    ``(C) Publication of hospital price transparency
                information.--Beginning on January 1, 2028, the
                Secretary shall make publicly available on the public
                website of the Centers for Medicare & Medicaid Services
                information with respect to compliance with the
                requirements of this subsection and enforcement
                activities undertaken by the Secretary under this
                subsection. Such information shall be updated in real
                time (if practicable) and include--
                            ``(i) the number of reviews of compliance
                        with this subsection undertaken by the
                        Secretary;
                            ``(ii) the number of notifications
                        described in subparagraph (A)(i) sent by the
                        Secretary;
                            ``(iii) the identity of each specified
                        hospital that was sent such a notification and
                        a description of the nature of such hospital's
                        noncompliance with this subsection;
                            ``(iv) the amount of any civil monetary
                        penalty imposed on such hospital under
                        subparagraph (B);
                            ``(v) whether such hospital subsequently
                        came into compliance with this subsection;
                            ``(vi) any waivers or reductions of
                        penalties made pursuant to a certification by
                        the Secretary under subparagraph (B)(iv),
                        including--
                                    ``(I) the name of any specified
                                hospital that received such a waiver or
                                reduction;
                                    ``(II) the dollar amount of each
                                such penalty so waived or reduced; and
                                    ``(III) the rationale for the
                                granting of each such waiver or
                                reduction, but only to the extent that
                                such rationale does not make public
                                commercially sensitive information; and
                            ``(vii) any other information as determined
                        by the Secretary.
    ``(b) Ensuring Accessibility Through Implementation.--In
implementing this section, the Secretary shall through rulemaking
ensure that a hospital making public charges and prices pursuant to
this section takes reasonable steps (as specified by the Secretary) to
ensure the accessibility of such charges and information to individuals
with limited English proficiency. Such steps may include the hospital's
provision of interpretation services or the hospital's provision of
translations of charges and information.
    ``(c) Definitions.--For purposes of this section:
            ``(1) Discounted cash price.--The term `discounted cash
        price' means the charge that applies to an individual who pays
        cash, or cash equivalent, for an item or service.
            ``(2) Gross charge.--The term `gross charge' means the
        charge for an individual item or service that is reflected on a
        specified hospital's chargemaster or provider of service or
        supplier's, as applicable, chargemaster (or similar list of
        prices), absent any discounts.
            ``(3) Payer-specific negotiated charge.--The term `payer-
        specific negotiated charge' means the charge that a hospital
        has negotiated with a third party payer for an item or service.
            ``(4) Shoppable service.--The term `shoppable service'
        means a service that can be scheduled by a health care consumer
        in advance and includes all ancillary items and services
        customarily furnished as part of such service.
            ``(5) Specified hospital.--The term `specified hospital'
        means a hospital (as defined in section 1861(e)), a critical
        access hospital (as defined in section 1861(mmm)(1)), or a
        rural emergency hospital (as defined in section 1861(kkk)).
            ``(6) Third party payer.--The term `third party payer'
        means an entity that is, by statute, contract, or agreement,
        legally responsible for payment of a claim for a health care
        item or service.''.
            (2) Rule of construction.--Nothing in the amendments made
        by this subsection may be construed to impede, prohibit, or
        prevent the Secretary of Health and Human Services from
        implementing, executing, carrying out, or enforcing the
        requirements of section 2718(f) of the Public Health Service
        Act.
    (b) PHSA.--
            (1) In general.--Section 2718 of the Public Health Service
        Act (42 U.S.C. 300gg-18) is amended by adding at the end the
        following new subsection:
    ``(f) Hospital Transparency Requirement.--
            ``(1) In general.--Beginning January 1, 2028, each hospital
        operating within the United States (including a specified
        hospital (as defined in section 1899D of the Social Security
        Act)) shall comply with the price transparency requirement
        described in paragraph (2).
            ``(2) Requirement described.--
                    ``(A) In general.--For purposes of paragraph (1),
                the price transparency requirement described in this
                paragraph is, with respect to a hospital, that such
                hospital, in accordance with a method and format
                established by the Secretary under subparagraph (C),
                compile and make public (without subscription and free
                of charge) for each year--
                            ``(i) all of the hospital's standard
                        charges (including the information described in
                        subparagraph (B)) for each item and service
                        furnished by such hospital;
                            ``(ii) information in a consumer-friendly
                        format (as specified by the Secretary)--
                                    ``(I) on the hospital's prices
                                (including the information described in
                                subparagraph (B)) for as many of the
                                Centers for Medicare & Medicaid
                                Services-specified shoppable services
                                that are furnished by the hospital, and
                                as many additional hospital-selected
                                shoppable services (or all such
                                additional services, if such hospital
                                furnishes fewer than 300 shoppable
                                services) as may be necessary for a
                                combined total of at least 300
                                shoppable services; and
                                    ``(II) that includes, with respect
                                to each Centers for Medicare & Medicaid
                                Services-specified shoppable service
                                that is not furnished by the hospital,
                                an indication that such service is not
                                so furnished;
                            ``(iii) each type 2 national provider
                        identifier associated with the hospital or a
                        unit of the hospital; and
                            ``(iv) an attestation that all information
                        made public pursuant to this subparagraph is
                        complete and accurate.
                    ``(B) Information described.--For purposes of
                subparagraph (A), the information described in this
                subparagraph is, with respect to standard charges and
                prices, as applicable, made public by a hospital, the
                following:
                            ``(i) A plain language description (as
                        specified by the Secretary) of each item or
                        service, accompanied by, as applicable, the
                        Healthcare Common Procedure Coding System code,
                        the diagnosis-related group, the national drug
                        code, current procedure terminology codes, or
                        other identifier used or approved by the
                        Centers for Medicare & Medicaid Services.
                            ``(ii) The gross charge, as applicable,
                        expressed as a dollar amount (as specified by
                        the Secretary), for each such item or service,
                        when provided in, as applicable, the inpatient
                        setting and outpatient department setting.
                            ``(iii) For each such item or service when
                        provided in, as applicable, the inpatient and
                        outpatient department settings--
                                    ``(I) the discounted cash price, as
                                applicable, expressed as a dollar
                                amount; or
                                    ``(II) in the case no discounted
                                cash price is available for such item
                                or service, the median cash price
                                charged by the hospital (not including
                                charity care) to self-pay individuals
                                for such item or service when provided
                                in such settings for the previous three
                                years, expressed as a dollar amount.
                            ``(iv) With respect to prices made public
                        pursuant to subparagraph (A)(ii), a link to a
                        consumer-friendly document that clearly
                        explains the hospital's charity care policy
                        that includes, if applicable, any sliding scale
                        payment structure employed for determining
                        prices.
                            ``(v) The payer-specific negotiated
                        charges, as applicable, clearly associated with
                        the name of the third party payer and plan and
                        expressed as a dollar amount, that apply to
                        each such item or service when provided in, as
                        applicable, the inpatient setting and
                        outpatient department setting.
                            ``(vi) The de-identified maximum and
                        minimum negotiated charges, as applicable, for
                        each such item or service, not including any
                        such charge that is $0.
                            ``(vii) Any other additional information
                        the Secretary may require (in consultation with
                        stakeholders) for the purpose of improving the
                        accuracy of, or enabling consumers to easily
                        understand and compare, standard charges and
                        prices for an item or service, except
                        information that is duplicative of any other
                        reporting requirement under this subsection.
                    ``(C) Uniform method and format.--Not later than
                January 1, 2028, the Secretary shall establish a
                standard, uniform method and format for hospitals to
                use in compiling and making public standard charges
                pursuant to subparagraph (A)(i) and a standard, uniform
                method and format for such hospitals to use in
                compiling and making public prices pursuant to
                subparagraph (A)(ii). Such methods and formats--
                            ``(i) shall, in the case of such method and
                        format for making public standard charges
                        pursuant to subparagraph (A)(i), ensure that
                        such charges are made available in a machine-
                        readable format (or a successor technology
                        specified by the Secretary);
                            ``(ii) may be similar to any template made
                        available by the Centers for Medicare &
                        Medicaid Services as of the date of the
                        enactment of this subparagraph;
                            ``(iii) shall meet such standards as
                        determined appropriate by the Secretary in
                        order to ensure the accessibility and usability
                        of such charges and prices; and
                            ``(iv) shall be updated as determined
                        appropriate by the Secretary, in consultation
                        with stakeholders.
            ``(3) Monitoring compliance.--The Secretary shall establish
        processes to monitor and assess specified hospitals' compliance
        with this subsection. Such processes shall include processes
        relating to the following:
                    ``(A) The evaluation and analysis of complaints
                made by individuals or other entities relating to such
                hospitals' compliance with this subsection.
                    ``(B) The use of audits to ensure such hospitals'
                compliance with this subsection.
                    ``(C) The obtaining of additional information from
                such hospitals to determine such hospitals' compliance
                with this subsection (as determined appropriate by the
                Secretary).
            ``(4) Enforcement.--
                    ``(A) In general.--In the case of a hospital that
                fails to comply with the requirements of this
                subsection--
                            ``(i) not later than 30 days after the date
                        on which the Secretary determines such failure
                        exists, the Secretary shall submit to such
                        hospital a notification of such determination
                        (which may include, as determined appropriate
                        by the Secretary, a request for a corrective
                        action plan (to be submitted not later than 45
                        days after such request is made) to comply with
                        such requirements); and
                            ``(ii) in the case of a hospital that does
                        not receive a request for a corrective action
                        plan as part of a notification submitted by the
                        Secretary under clause (i)--
                                    ``(I) the Secretary shall, not
                                later than 60 days after such
                                notification is sent, determine whether
                                such hospital is in compliance with
                                such requirements; and
                                    ``(II) if the Secretary determines
                                under subclause (I) that such hospital
                                is not in compliance with such
                                requirements, the Secretary shall
                                either--
                                            ``(aa) submit to such
                                        hospital a request for a
                                        corrective action plan (to be
                                        submitted not later than 45
                                        days after such request is
                                        made) to comply with such
                                        requirements; or
                                            ``(bb) if the Secretary
                                        determines that such hospital
                                        has not taken meaningful
                                        actions to come into compliance
                                        since such notification was
                                        sent, impose a civil monetary
                                        penalty in accordance with
                                        subparagraph (B).
                    ``(B) Civil monetary penalty.--
                            ``(i) In general.--In addition to any other
                        enforcement actions or penalties that may apply
                        under another provision of Federal law, a
                        hospital that has received a request for a
                        corrective action plan under clause (i) or (ii)
                        of subparagraph (A) and fails to comply with
                        the requirements of this subsection by the date
                        that is 90 days after such request is made (or,
                        if such hospital has submitted such a
                        corrective action plan not later than 45 days
                        after the date such request was made, by the
                        date that is 90 days after the date of the
                        submission of such corrective action plan), and
                        a hospital with respect to which the Secretary
                        has made a determination described in clause
                        (ii)(II)(bb) of such subparagraph, shall be
                        subject to a civil monetary penalty of an
                        amount specified by the Secretary for each day
                        (beginning with the day on which the Secretary
                        first determined that such hospital was not
                        complying with such requirements) during which
                        such failure was ongoing. Such amount shall not
                        exceed--
                                    ``(I) in the case of a hospital
                                with 30 or fewer beds, $300 per day
                                (or, in the case of such a hospital
                                that has been noncompliant with such
                                requirements for a 1-year period or
                                longer, beginning with the first day
                                following such 1-year period, $400 per
                                bed per day);
                                    ``(II) in the case of a hospital
                                with more than 30 beds but fewer than
                                101 beds, $12.50 per bed per day (or,
                                in the case of such a hospital that has
                                been noncompliant with such
                                requirements for a 1-year period or
                                longer, beginning with the first day
                                following such 1-year period, $15 per
                                bed per day);
                                    ``(III) in the case of a hospital
                                with more than 100 beds but fewer than
                                201 beds, $17.50 per bed per day (or,
                                in the case of such a hospital that has
                                been noncompliant with such
                                requirements for a 1-year period or
                                longer, beginning with the first day
                                following such 1-year period, $20 per
                                bed per day);
                                    ``(IV) in the case of a hospital
                                with more than 200 beds but fewer than
                                501 beds, $20 per bed per day (or, in
                                the case of such a hospital that has
                                been noncompliant with such
                                requirements for a 1-year period or
                                longer, beginning with the first day
                                following such 1-year period, $25 per
                                bed per day); and
                                    ``(V) in the case of a hospital
                                with more than 500 beds, $25 per bed
                                per day (or, in the case of such a
                                hospital that has been noncompliant
                                with such requirements for a 1-year
                                period or longer, beginning with the
                                first day following such 1-year period,
                                $35 per bed per day).
                            ``(ii) Increase authority.--In applying
                        this subparagraph with respect to violations
                        occurring in 2029 or a subsequent year, the
                        Secretary may through notice and comment
                        rulemaking increase--
                                    ``(I) the limitation on the per day
                                amount of any penalty applicable to a
                                hospital under clause (i)(I);
                                    ``(II) the limitations on the per
                                bed per day amount of any penalty
                                applicable under any of subclauses (II)
                                through (V) of clause (i); and
                                    ``(III) the amounts specified in
                                clause (iii)(II).
                            ``(iii) Persistent noncompliance.--
                                    ``(I) In general.--In the case of a
                                hospital (other than a hospital with 30
                                or fewer beds) that the Secretary has
                                determined to be knowingly and
                                willfully noncompliant with the
                                provisions of this subsection for two
                                or more 6-month periods during any 3-
                                year period, the Secretary may increase
                                any penalty otherwise applicable under
                                this subparagraph by the amount
                                specified in subclause (II) with
                                respect to such hospital and may
                                require such hospital to complete such
                                additional corrective actions plans as
                                the Secretary may specify.
                                    ``(II) Specified amount.--For
                                purposes of subclause (I), the amount
                                specified in this subclause is, with
                                respect to a hospital--
                                            ``(aa) with more than 30
                                        beds but fewer than 101 beds,
                                        an amount that is not less than
                                        $500,000 and not more than
                                        $1,000,000;
                                            ``(bb) with more than 100
                                        beds but fewer than 301 beds,
                                        an amount that is greater than
                                        $1,000,000 and not more than
                                        $2,000,000;
                                            ``(cc) with more than 300
                                        beds but fewer than 501 beds,
                                        an amount that is greater than
                                        $2,000,000 and not more than
                                        $4,000,000; and
                                            ``(dd) with more than 500
                                        beds, and amount that is not
                                        less than $5,000,000 and not
                                        more than $10,000,000.
                            ``(iv) Authority to waive or reduce
                        penalty.--
                                    ``(I) Hospitals located in rural or
                                underserved areas.--
                                            ``(aa) In general.--Subject
                                        to item (bb), the Secretary may
                                        waive any penalty, or reduce
                                        any penalty by not more than 75
                                        percent, otherwise applicable
                                        under this subparagraph with
                                        respect to a hospital located
                                        in a rural or underserved area
                                        if the Secretary certifies that
                                        imposition of such penalty
                                        would result in an immediate
                                        threat to access to care for
                                        individuals in the service area
                                        of such hospital.
                                            ``(bb) Limitation on
                                        application.--The Secretary may
                                        not elect to waive a penalty
                                        under item (aa) with respect to
                                        a hospital more than once in a
                                        6-year period and may not elect
                                        to reduce such a penalty with
                                        respect to such a hospital more
                                        than once in such a period.
                                        Nothing in the preceding
                                        sentence shall be construed as
                                        prohibiting the Secretary from
                                        both waiving and reducing a
                                        penalty with respect to a
                                        hospital during a 6-year
                                        period.
                                    ``(II) Reduction if hearing
                                waived.--The Secretary may reduce any
                                penalty otherwise applicable under this
                                subparagraph (as reduced, if
                                applicable, under subclause (I)) by not
                                more than 35 percent if the specified
                                hospital that is subject of such
                                penalty agrees to waive any right of
                                such hospital to a hearing before an
                                administrative law judge with respect
                                to the imposition of such penalty.
                            ``(v) Provision of technical assistance.--
                        The Secretary shall, to the extent practicable,
                        provide technical assistance relating to
                        compliance with the provisions of this
                        subsection to hospitals requesting such
                        assistance.
                            ``(vi) Hardship exemption.--Notwithstanding
                        any limit on the waiver or reduction of a
                        penalty under clause (iv), the Secretary may
                        waive any penalty with respect to a hospital on
                        a case-by-case basis if the Secretary
                        determines that a circumstance exists
                        interfering with such hospital's ability to
                        comply with the provisions of this subsection
                        (such as a natural disaster (as defined in
                        section 602(a) of the Robert T. Stafford
                        Disaster Relief and Emergency Assistance Act),
                        a public health emergency, or other similar or
                        unexpected catastrophe or similar situation).
                            ``(vii) Application of certain
                        provisions.--The provisions of section 1128A of
                        the Social Security Act (other than subsections
                        (a) and (b) of such section) shall apply to a
                        civil monetary penalty imposed under this
                        subparagraph in the same manner as such
                        provisions apply to a civil monetary penalty
                        imposed under subsection (a) of such section.
                            ``(viii) Nonduplication of penalties.--
                                    ``(I) In general.--The Secretary
                                may not subject a hospital to a civil
                                monetary penalty under this
                                subparagraph with respect to
                                noncompliance with the provisions of
                                this subsection for a period if the
                                Secretary has imposed a civil monetary
                                penalty on such hospital under section
                                1899D of the Social Security Act for
                                failure to comply with the provisions
                                of such section for such period.
                                    ``(II) Prioritization.--In the case
                                of a hospital that the Secretary
                                determines to be in violation of the
                                provisions of this subsection and of
                                section 1899D of the Social Security
                                Act, the Secretary shall impose
                                penalties as prescribed in this
                                subsection in lieu of any penalties
                                prescribed in such section 1899D.
                    ``(C) Publication of hospital price transparency
                information.--Beginning on January 1, 2028, the
                Secretary shall make publicly available on the public
                website of the Centers for Medicare & Medicaid Services
                information with respect to compliance with the
                requirements of this subsection and enforcement
                activities undertaken by the Secretary under this
                subsection. Such information shall be updated in real
                time (if practicable) and include--
                            ``(i) the number of reviews of compliance
                        with this subsection undertaken by the
                        Secretary;
                            ``(ii) the number of notifications
                        described in subparagraph (A)(i) sent by the
                        Secretary;
                            ``(iii) the identity of each hospital that
                        was sent such a notification and a description
                        of the nature of such hospital's noncompliance
                        with this subsection;
                            ``(iv) the amount of any civil monetary
                        penalty imposed on such hospital under
                        subparagraph (B);
                            ``(v) whether such hospital subsequently
                        came into compliance with this subsection;
                            ``(vi) any waivers or reductions of
                        penalties made pursuant to a certification by
                        the Secretary under subparagraph (B)(iv),
                        including--
                                    ``(I) the name of any hospital that
                                received such a waiver or reduction;
                                    ``(II) the dollar amount of each
                                such penalty so waived or reduced; and
                                    ``(III) the rationale for the
                                granting of each such waiver or
                                reduction, but only to the extent that
                                such rationale does not make public
                                commercially sensitive information; and
                            ``(vii) any other information as determined
                        by the Secretary.
            ``(5) Ensuring accessibility through implementation.--In
        implementing this subsection, the Secretary shall through
        rulemaking ensure that a hospital making public charges and
        prices pursuant to this section takes reasonable steps (as
        specified by the Secretary) to ensure the accessibility of such
        charges and information to individuals with limited English
        proficiency. Such steps may include the hospital's provision of
        interpretation services or the hospital's provision of
        translations of charges and information.
            ``(6) Definitions.--For purposes of this subsection:
                    ``(A) Discounted cash price.--The term `discounted
                cash price' means the charge that applies to an
                individual who pays cash, or cash equivalent, for a
                hospital-furnished item or service.
                    ``(B) Gross charge.--The term `gross charge' means
                the charge for an individual item or service that is
                reflected on a hospital's chargemaster, absent any
                discounts.
                    ``(C) Payer-specific negotiated charge.--The term
                `payer-specific negotiated charge' means the charge
                that a hospital has negotiated with a third party payer
                for an item or service.
                    ``(D) Shoppable service.--The term `shoppable
                service' means a service that can be scheduled by a
                health care consumer in advance and includes all
                ancillary items and services customarily furnished as
                part of such service.
                    ``(E) Third party payer.--The term `third party
                payer' means an entity that is, by statute, contract,
                or agreement, legally responsible for payment of a
                claim for a health care item or service.''.
            (2) Conforming amendments.--Section 2718 of the Public
        Health Service Act (42 U.S.C. 300gg-18) is amended--
                    (A) in subsection (b)(3), by inserting ``(other
                than the provisions of subsection (f))'' after ``this
                section''; and
                    (B) in subsection (e), by adding at the end the
                following new sentence: ``The preceding provisions of
                this subsection shall not apply beginning on January 1,
                2028.''.
            (3) Rule of construction.--Nothing in the amendments made
        by this subsection may be construed to impede, prohibit, or
        prevent the Secretary of Health and Human Services from
        implementing, executing, carrying out, or enforcing the
        requirements of section 1899D of the Social Security Act.

SEC. 3. CLINICAL DIAGNOSTIC LABORATORY TEST PRICE TRANSPARENCY.

    Section 1846 of the Social Security Act (42 U.S.C. 1395w-2) is
amended--
            (1) in the header, by inserting ``and additional
        requirements'' after ``sanctions''; and
            (2) by adding at the end the following new subsection:
    ``(c) Price Transparency Requirement.--
            ``(1) In general.--Beginning January 1, 2028, any
        applicable laboratory that receives payment under this title
        for furnishing any specified clinical diagnostic laboratory
        test under this title shall--
                    ``(A) make publicly available on an internet
                website the information described in paragraph (2) with
                respect to each such specified clinical diagnostic
                laboratory test that such laboratory so furnishes;
                    ``(B) ensure that such information is updated not
                less frequently than annually; and
                    ``(C) include on the website described in
                subparagraph (A) an attestation that all such
                information is complete and accurate.
            ``(2) Information described.--For purposes of paragraph
        (1), the information described in this paragraph is, with
        respect to an applicable laboratory and a specified clinical
        diagnostic laboratory test, the discounted cash price for such
        test (or, if no such price exists, the gross charge for such
        test).
            ``(3) Uniform method and format.--Not later than January 1,
        2028, the Secretary shall establish a standard, uniform method
        and format for applicable laboratories to use in compiling and
        making public information pursuant to paragraph (1). Such
        method and format--
                    ``(A) may be similar to any template made available
                by the Centers for Medicare & Medicaid Services (as
                described in section 1899D(a)(2)(C)(ii));
                    ``(B) shall meet such standards as determined
                appropriate by the Secretary in order to ensure the
                accessibility and usability of such information; and
                    ``(C) shall be updated as determined appropriate by
                the Secretary, in consultation with stakeholders.
            ``(4) Inclusion of ancillary services.--Any price or charge
        for a specified clinical diagnostic laboratory test furnished
        by an applicable laboratory made publicly available in
        accordance with paragraph (1) shall include the price or charge
        (as applicable) for any ancillary item or service (such as
        specimen collection services) that would normally be furnished
        by such laboratory as part of such test, as specified by the
        Secretary.
            ``(5) Enforcement.--
                    ``(A) In general.--In the case that the Secretary
                determines that an applicable laboratory is not in
                compliance with paragraph (1)--
                            ``(i) not later than 30 days after such
                        determination, the Secretary shall notify such
                        laboratory of such determination; and
                            ``(ii) if such laboratory continues to fail
                        to comply with such paragraph after the date
                        that is 90 days after such notification is
                        sent, the Secretary may impose a civil monetary
                        penalty in an amount not to exceed $300 for
                        each day (beginning with the day on which the
                        Secretary first determined that such laboratory
                        was failing to comply with such paragraph)
                        during which such failure is ongoing.
                    ``(B) Increase authority.--In applying this
                paragraph with respect to violations occurring in 2029
                or a subsequent year, the Secretary may through notice
                and comment rulemaking increase the per day limitation
                on civil monetary penalties under subparagraph (A)(ii).
                    ``(C) Application of certain provisions.--The
                provisions of section 1128A (other than subsections (a)
                and (b) of such section) shall apply to a civil
                monetary penalty imposed under this paragraph in the
                same manner as such provisions apply to a civil
                monetary penalty imposed under subsection (a) of such
                section.
            ``(6) Provision of technical assistance.--The Secretary
        shall, to the extent practicable, provide technical assistance
        relating to compliance with the provisions of this subsection
        to applicable laboratories requesting such assistance.
            ``(7) Definitions.--In this subsection:
                    ``(A) Applicable laboratory.--The term `applicable
                laboratory' has the meaning given such term in section
                414.502, of title 42, Code of Federal Regulations (or a
                successor regulation), except that such term does not
                include a laboratory with respect to which standard
                charges and prices for specified clinical diagnostic
                laboratory tests furnished by such laboratory are made
                available by--
                            ``(i) a specified hospital pursuant to
                        section 1899D;
                            ``(ii) a hospital pursuant to section
                        2718(f) of the Public Health Service Act; or
                            ``(iii) an ambulatory surgical center
                        pursuant to section 1834(bb).
                    ``(B) Discounted cash price.--The term `discounted
                cash price' means the charge that applies to an
                individual who pays cash, or cash equivalent, for an
                item or service.
                    ``(C) Gross charge.--The term `gross charge' means
                the charge for an individual item or service that is
                reflected on an applicable laboratory's chargemaster
                (or similar list of prices), absent any discounts.
                    ``(D) Specified clinical diagnostic laboratory
                test.--the term `specified clinical diagnostic
                laboratory test' means a clinical diagnostic laboratory
                test that is included on the list of shoppable services
                specified by the Centers for Medicare & Medicaid
                Services (as described in section
                1899D(a)(2)(A)(ii)(I)), other than an advanced
                diagnostic laboratory test (as defined in section
                1834A(d)(5)).
                    ``(E) Specified hospital.--The term `specified
                hospital' has the meaning given such term in section
                1899D.''.

SEC. 4. IMAGING PRICE TRANSPARENCY.

    Section 1899D of the Social Security Act, as added by section 2, is
amended--
            (1) by redesignating subsections (b) and (c) as subsections
        (c) and (d), respectively;
            (2) by inserting after subsection (a) the following new
        subsection:
    ``(b) Imaging Services Price Transparency.--
            ``(1) In general.--Beginning January 1, 2028, each provider
        of services and supplier that receives payment under this title
        for furnishing a specified imaging service, other than such a
        provider or supplier with respect to which standard charges and
        prices for such services furnished by such provider or supplier
        are made available by a specified hospital pursuant to
        subsection (a), a hospital pursuant to section 2718(f) of the
        Public Health Service Act, or an ambulatory surgical center
        pursuant to section 1834(bb), shall--
                    ``(A) make publicly available (in accordance with
                paragraph (3)) on an internet website the information
                described in paragraph (2) with respect to each such
                service that such provider of services or supplier
                furnishes;
                    ``(B) ensure that such information is updated not
                less frequently than annually; and
                    ``(C) include on the website described in
                subparagraph (A) an attestation that all such
                information is complete and accurate.
            ``(2) Information described.--For purposes of paragraph
        (1), the information described in this paragraph is, with
        respect to a provider of services or supplier and a specified
        imaging service, the discounted cash price for such service
        (or, if no such price exists, the gross charge for such
        service).
            ``(3) Uniform method and format.--Not later than January 1,
        2028, the Secretary shall establish a standard, uniform method
        and format for providers of services and suppliers to use in
        making public information described in paragraph (2). Any such
        method and format--
                    ``(A) may be similar to any template made available
                by the Centers for Medicare & Medicaid Services (as
                described in subsection (a)(2)(C)(ii));
                    ``(B) shall meet such standards as determined
                appropriate by the Secretary in order to ensure the
                accessibility and usability of such information; and
                    ``(C) shall be updated as determined appropriate by
                the Secretary, in consultation with stakeholders.
            ``(4) Monitoring compliance.--The Secretary shall, through
        notice and comment rulemaking, establish a process to monitor
        compliance with this subsection.
            ``(5) Enforcement.--
                    ``(A) In general.--In the case that the Secretary
                determines that a provider of services or supplier is
                not in compliance with paragraph (1)--
                            ``(i) not later than 30 days after such
                        determination, the Secretary shall notify such
                        provider or supplier of such determination;
                            ``(ii) upon request of the Secretary, such
                        provider or supplier shall submit to the
                        Secretary, not later than 45 days after the
                        date of such request, a corrective action plan
                        to comply with such paragraph; and
                            ``(iii) if such provider or supplier
                        continues to fail to comply with such paragraph
                        after the date that is 90 days after such
                        notification is sent (or, in the case of such a
                        provider or supplier that has submitted a
                        corrective action plan described in clause (ii)
                        in response to a request so described, after
                        the date that is 90 days after such
                        submission), the Secretary may impose a civil
                        monetary penalty in an amount not to exceed
                        $300 for each day (beginning with the day on
                        which the Secretary first determined that such
                        provider or supplier was failing to comply with
                        such paragraph) during which such failure to
                        comply or failure to submit is ongoing.
                    ``(B) Increase authority.--In applying this
                paragraph with respect to violations occurring in 2029
                or a subsequent year, the Secretary may through notice
                and comment rulemaking increase the amount of the civil
                monetary penalty under subparagraph (A)(iii).
                    ``(C) Application of certain provisions.--The
                provisions of section 1128A (other than subsections (a)
                and (b) of such section) shall apply to a civil
                monetary penalty imposed under this paragraph in the
                same manner as such provisions apply to a civil
                monetary penalty imposed under subsection (a) of such
                section.
                    ``(D) Authority to waive or reduce penalty.--
                            ``(i) In general.--Subject to clause (ii),
                        the Secretary may waive or reduce any penalty
                        otherwise applicable with respect to a provider
                        of services or supplier under this subparagraph
                        if the Secretary determines that imposition of
                        such penalty would result in an immediate
                        threat to access to care for individuals in the
                        service area of such provider or supplier.
                            ``(ii) Limitation.--The Secretary may not
                        elect to waive or reduce a penalty under clause
                        (i) with respect to a specific provider of
                        services or supplier more than 3 times in a 10
                        year period.
                    ``(E) Provision of technical assistance.--The
                Secretary shall, to the extent practicable, provide
                technical assistance relating to compliance with the
                provisions of this subsection to providers of services
                and suppliers requesting such assistance.
                    ``(F) Clarification of nonapplicability of other
                enforcement provisions.--Notwithstanding any other
                provision of this title, this paragraph shall be the
                sole means of enforcing the provisions of this
                subsection.''; and
            (3) in subsection (d), as so redesignated by paragraph (1),
        by adding at the end the following new paragraph:
            ``(5) Specified imaging service.--the term `specified
        imaging service' means an imaging service that is included on
        the list of Centers for Medicare & Medicaid Services-specified
        shoppable services (as described in subsection
        (a)(2)(A)(ii)(I)).''.

SEC. 5. AMBULATORY SURGICAL CENTER PRICE TRANSPARENCY.

    Section 1834 of the Social Security Act (42 U.S.C. 1395m) is
amended by adding at the end the following new subsection:
    ``(bb) Ambulatory Surgical Center Price Transparency.--
            ``(1) In general.--Beginning January 1, 2028, each
        ambulatory surgical center that receives payment under this
        title for furnishing items and services shall comply with the
        price transparency requirement described in paragraph (2).
            ``(2) Requirement described.--
                    ``(A) In general.--For purposes of paragraph (1),
                the price transparency requirement described in this
                subsection is, with respect to an ambulatory surgical
                center, that such surgical center in accordance with a
                method and format established by the Secretary under
                subparagraph (C), compile and make public (without
                subscription and free of charge), for each year--
                            ``(i) all of the ambulatory surgical
                        center's standard charges (including the
                        information described in subparagraph (B)) for
                        each item and service furnished by such
                        surgical center;
                            ``(ii) information in a consumer-friendly
                        format (as specified by the Secretary) on the
                        ambulatory surgical center's prices (including
                        the information described in subparagraph (B))
                        for as many of the Centers for Medicare &
                        Medicaid Services-specified shoppable services
                        (as specified by the Secretary) that are
                        furnished by such surgical center, and as many
                        additional ambulatory surgical center-selected
                        shoppable services (or all such additional
                        services, if such surgical center furnishes
                        fewer than 300 shoppable services) as may be
                        necessary for a combined total of at least 300
                        shoppable services;
                            ``(iii) with respect to each Centers for
                        Medicare & Medicaid Services-specified
                        shoppable service that is not furnished by the
                        ambulatory surgical center, an indication that
                        such service is not so furnished; and
                            ``(iv) an attestation that all standard
                        charges described in clause (i), information
                        described in clause (ii), and indications
                        described in clause (iii) are complete and
                        accurate.
                    ``(B) Information described.--For purposes of
                subparagraph (A), the information described in this
                subparagraph is, with respect to standard charges and
                prices, as applicable, made public by an ambulatory
                surgical center, the following:
                            ``(i) A plain language description (as
                        specified by the Secretary) of each item or
                        service, accompanied by, as applicable, the
                        Healthcare Common Procedure Coding System code,
                        the national drug code, or other identifier
                        used or approved by the Centers for Medicare &
                        Medicaid Services.
                            ``(ii) The gross charge, as applicable,
                        expressed as a dollar amount, for each such
                        item or service.
                            ``(iii) For each such item or service--
                                    ``(I) the discounted cash price, as
                                applicable, expressed as a dollar
                                amount; or
                                    ``(II) in the case no discounted
                                cash price is available for an item or
                                service, the median cash price charged
                                to self-pay individuals for such item
                                or service for the previous three
                                years, expressed as a dollar amount.
                            ``(iv) Any other additional information the
                        Secretary may require (in consultation with
                        stakeholders) for the purpose of improving the
                        accuracy of, or enabling consumers to easily
                        understand and compare, standard charges and
                        prices for an item or service, except
                        information that is duplicative of any other
                        reporting requirement under this subsection.
                    ``(C) Uniform method and format.--Not later than
                January 1, 2028, the Secretary shall establish a
                standard, uniform method and format for ambulatory
                surgical centers to use in making public standard
                charges pursuant to subparagraph (A)(i) and a standard,
                uniform method and format for such centers to use in
                making public prices pursuant to subparagraph (A)(ii).
                Any such method and format--
                            ``(i) shall, in the case of such charges
                        made public by an ambulatory surgical center,
                        ensure that such charges are made available in
                        a machine-readable format (or successor
                        technology);
                            ``(ii) may be similar to any template made
                        available by the Centers for Medicare &
                        Medicaid Services (as described in section
                        1899D(a)(2)(C)(ii));
                            ``(iii) shall meet such standards as
                        determined appropriate by the Secretary in
                        order to ensure the accessibility and usability
                        of such charges and prices; and
                            ``(iv) shall be updated as determined
                        appropriate by the Secretary, in consultation
                        with stakeholders.
            ``(3) Monitoring compliance.--The Secretary shall establish
        processes to monitor and assess ambulatory surgical centers'
        compliance with this subsection. Such processes shall include
        processes relating to the following:
                    ``(A) The evaluation and analysis of complaints
                made by individuals or other entities relating to such
                centers' compliance with this subsection.
                    ``(B) The use of audits to ensure such centers'
                compliance with this subsection.
                    ``(C) The obtaining of additional information from
                such centers to determine such centers' compliance with
                this subsection (as determined appropriate by the
                Secretary).
            ``(4) Enforcement.--
                    ``(A) In general.--In the case of an ambulatory
                surgical center that fails to comply with the
                requirements of this subsection--
                            ``(i) the Secretary shall notify such
                        ambulatory surgical center of such failure not
                        later than 30 days after the date on which the
                        Secretary determines such failure exists; and
                            ``(ii) upon request of the Secretary, the
                        ambulatory surgical center shall submit to the
                        Secretary, not later than 45 days after the
                        date of such request, a corrective action plan
                        to comply with such requirements.
                    ``(B) Civil monetary penalty.--
                            ``(i) In general.--In addition to any other
                        enforcement actions or penalties that may apply
                        under another provision of Federal law, an
                        ambulatory surgical center that has received a
                        notification under subparagraph (A)(i) and
                        fails to comply with the requirements of this
                        subsection by the date that is 90 days after
                        such notification (or, in the case of an
                        ambulatory surgical center that has submitted a
                        corrective action plan described in
                        subparagraph (A)(ii) in response to a request
                        so described and has failed to comply with such
                        requirements by the date that is 90 days after
                        such submission) shall be subject to a civil
                        monetary penalty of an amount specified by the
                        Secretary for each day (beginning with the day
                        on which the Secretary first determined that
                        such center was not complying with such
                        requirements) during which such failure is
                        ongoing (not to exceed $300 per day).
                            ``(ii) Increase authority.--In applying
                        this subparagraph with respect to violations
                        occurring in 2029 or a subsequent year, the
                        Secretary may through notice and comment
                        rulemaking increase the limitation on the per
                        day amount of any penalty applicable to an
                        ambulatory surgical center under clause (i).
                            ``(iii) Application of certain
                        provisions.--The provisions of section 1128A
                        (other than subsections (a) and (b) of such
                        section) shall apply to a civil monetary
                        penalty imposed under this subparagraph in the
                        same manner as such provisions apply to a civil
                        monetary penalty imposed under subsection (a)
                        of such section.
                            ``(iv) Authority to waive or reduce
                        penalty.--
                                    ``(I) Centers located in rural or
                                underserved areas.--
                                            ``(aa) In general.--Subject
                                        to item (bb), the Secretary may
                                        waive any penalty, or reduce
                                        any penalty by not more than 75
                                        percent, otherwise applicable
                                        under this subparagraph with
                                        respect to an ambulatory
                                        surgical center located in a
                                        rural or underserved area if
                                        the Secretary certifies that
                                        imposition of such penalty
                                        would result in an immediate
                                        threat to access to care for
                                        individuals in the service area
                                        of such center.
                                            ``(bb) Limitation on
                                        application.--The Secretary may
                                        not elect to waive a penalty
                                        under item (aa) with respect to
                                        an ambulatory surgical center
                                        more than once in a 6-year
                                        period and may not elect to
                                        reduce such a penalty with
                                        respect to such a center more
                                        than once in such a period.
                                        Nothing in the preceding
                                        sentence shall be construed as
                                        prohibiting the Secretary from
                                        both waiving and reducing a
                                        penalty with respect to an
                                        ambulatory surgical center
                                        during a 6-year period.
                                    ``(II) Reduction if hearing
                                waived.--The Secretary may reduce any
                                penalty otherwise applicable under this
                                subparagraph (as reduced, if
                                applicable, under subclause (I)) by not
                                more than 35 percent if the ambulatory
                                surgical center that is the subject of
                                such penalty agrees to waive any right
                                of such center to a hearing before an
                                administrative law judge with respect
                                to the imposition of such penalty.
            ``(5) Provision of technical assistance.--The Secretary
        shall, to the extent practicable, provide technical assistance
        relating to compliance with the provisions of this subsection
        to ambulatory surgical centers requesting such assistance.
            ``(6) Definitions.--For purposes of this subsection:
                    ``(A) Discounted cash price.--The term `discounted
                cash price' means the charge that applies to an
                individual who pays cash, or cash equivalent, for an
                item or service furnished by an ambulatory surgical
                center.
                    ``(B) Gross charge.--The term `gross charge' means
                the charge for an individual item or service that is
                reflected on an ambulatory surgical center's
                chargemaster, absent any discounts.
                    ``(C) Shoppable service.--The term `shoppable
                service' means a service that can be scheduled by a
                health care consumer in advance and includes all
                ancillary items and services customarily furnished as
                part of such service.''.

SEC. 6. HEALTH COVERAGE PRICE TRANSPARENCY.

    (a) Price Transparency Requirements.--
            (1) IRC.--
                    (A) In general.--Section 9819 of the Internal
                Revenue Code of 1986 is amended--
                            (i) in the header, by striking
                        ``maintenance of price comparison tool'' and
                        inserting ``transparency in coverage'';
                            (ii) by striking ``A group health plan''
                        and inserting the following:
    ``(a) Maintenance of Price Comparison Tool for Plan Years Before
2028.--
            ``(1) In general.--A group health plan'';
                            (iii) in subsection (a), as inserted by
                        clause (ii), by adding at the end the following
                        new paragraph:
            ``(2) Sunset.--Paragraph (1) shall not apply with respect
        to plan years beginning on or after January 1, 2028.''; and
                            (iv) by adding at the end the following new
                        subsections:
    ``(b) Cost-sharing Transparency.--
            ``(1) In general.--For plan years beginning on or after
        January 1, 2028, a group health plan shall provide a
        participant or beneficiary, in a timely manner upon request of
        the participant or beneficiary, information on the amount of
        cost-sharing (including deductibles, copayments, and
        coinsurance) under the participant or beneficiary's plan that
        the participant or beneficiary would be responsible for paying
        with respect to the furnishing of a specific item or service by
        a provider. At a minimum, such information shall include the
        information specified in paragraph (2) and shall be made
        available to such participant or beneficiary through a self-
        service tool that meets the requirements of paragraph (3) or,
        at the option of such participant or beneficiary, through a
        paper disclosure or phone or other electronic disclosure (as
        selected by such participant or beneficiary and provided at no
        cost to such participant or beneficiary) that meets such
        requirements as the Secretary may specify.
            ``(2) Specified information.--For purposes of paragraph
        (1), the information specified in this paragraph is, with
        respect to an item or service for which benefits are available
        under a group health plan furnished by a health care provider
        to a participant or beneficiary of such plan, the following:
                    ``(A) If such provider is a participating provider
                with respect to such item or service, the in-network
                rate for such item or service.
                    ``(B) If such provider is not a participating
                provider with respect to such item or service, the
                maximum allowed amount or other dollar amount that such
                plan will recognize as payment for such item or
                service, along with a notice that such participant or
                beneficiary may be liable for additional charges.
                    ``(C) The estimated amount of cost sharing
                (including deductibles, copayments, and coinsurance)
                that the participant or beneficiary will incur for such
                item or service (which, in the case such item or
                service is to be furnished by a provider described in
                subparagraph (B), shall be calculated using the maximum
                allowed amount or other dollar amount described in such
                subparagraph).
                    ``(D) The amount the participant or beneficiary has
                already accumulated with respect to any deductible or
                out of pocket maximum under the plan (broken down, in
                the case separate deductibles or maximums apply to a
                participant and such participant's beneficiaries
                enrolled in the plan, by such separate deductibles or
                maximums, in addition to any cumulative deductible or
                maximum).
                    ``(E) In the case such plan imposes any frequency
                or volume limitations with respect to such item or
                service (excluding medical necessity determinations),
                the amount that such participant or beneficiary has
                accrued towards such limitation with respect to such
                item or service.
                    ``(F) Any prior authorization, concurrent review,
                step therapy, fail first, or similar requirements
                applicable to coverage of such item or service under
                such plan.
                    ``(G) Any financial incentives (such as any credit,
                payment, or other benefit provided by such plan)
                available to the participant or beneficiary with
                respect to such item or service furnished by such
                provider known at the time such request is made.
                    ``(H) In the case such item or service is an
                applicable spread price drug dispensed by a pharmacy--
                            ``(i) a specification that such item or
                        service is such an applicable spread price
                        drug;
                            ``(ii) the amount of the difference (if
                        any) between the specified payment amount for
                        such drug so dispensed by such pharmacy and the
                        specified reimbursement amount for such drug so
                        dispensed by such pharmacy;
                            ``(iii) a plain language statement
                        specified by the Secretary that explains the
                        concept of spread pricing and how such item's
                        status as such an applicable spread price drug
                        may impact the amount such plan pays for such
                        drug and cost sharing amounts for such drug
                        described in subparagraph (C); and
                            ``(iv) a plain language statement specified
                        by the Secretary informing the participant or
                        beneficiary of the participant's or
                        beneficiary's ability to obtain a summary
                        document relating to drug pricing information
                        described in section 9826(b)(2)(B)(ii).
            ``(3) Self-service tool.--For purposes of paragraph (1), a
        self-service tool established by a group health plan meets the
        requirements of this paragraph if such tool--
                    ``(A) is based on an Internet website (or successor
                technology specified by the Secretary);
                    ``(B) provides for real-time responses to requests
                described in paragraph (1);
                    ``(C) is updated in a manner such that information
                provided through such tool is timely and accurate at
                the time such request is made;
                    ``(D) allows such a request to be made with respect
                to an item or service furnished by--
                            ``(i) a specific provider that is a
                        participating provider with respect to such
                        item or service;
                            ``(ii) all providers that are participating
                        providers with respect to such item or service;
                        or
                            ``(iii) a provider located in a relevant
                        geographic region that is not a participating
                        provider with respect to such item or service;
                    ``(E) provides that such a request may be made with
                respect to an item or service through use of the
                billing code for such item or service or through use of
                a descriptive term for such item or service; and
                    ``(F) meets any other requirement determined
                appropriate by the Secretary, including requirements to
                ensure the accessibility and usability of information
                provided through such tool.
        The Secretary may require such tool, as a condition of
        complying with subparagraph (E), to link multiple billing codes
        to a single descriptive term if the Secretary determines that
        the billing codes to be so linked correspond to similar items
        and services.
    ``(c) Rate and Payment Information.--
            ``(1) In general.--For plan years beginning on or after
        January 1, 2028, each group health plan (other than a
        grandfathered health plan (as defined in section 1251(e) of the
        Patient Protection and Affordable Care Act)) shall make
        available to the public the rate and payment information
        described in paragraph (2) in accordance with paragraph (3).
            ``(2) Rate and payment information described.--For purposes
        of paragraph (1), the rate and payment information described in
        this paragraph is, with respect to a group health plan, the
        following:
                    ``(A) With respect to each item or service (other
                than a drug) for which benefits are available under
                such plan--
                            ``(i) the in-network rate (expressed as a
                        dollar amount) in effect as of the date on
                        which such information is made public with each
                        provider that is a participating provider with
                        respect to such item or service;
                            ``(ii) with respect to each such provider,
                        an indication of whether, during the 1-year
                        period beginning 18 months before the date such
                        information is made public, such provider
                        submitted a claim for such item or service to
                        such plan; and
                            ``(iii) in the case that such plan provides
                        benefits for such item or service only when
                        furnished by a specific type of provider, a
                        specification of each type of provider that may
                        furnish such item or service under such plan;
                    ``(B) With respect to each drug (identified by
                national drug code) for which benefits are available
                under such plan--
                            ``(i) the in-network rate (expressed as a
                        dollar amount) in effect as of the first day of
                        the month in which such information is made
                        public with each provider that is a
                        participating provider with respect to such
                        drug;
                            ``(ii) the average amount paid by such plan
                        (accounting for, in a manner determined
                        appropriate by the Secretary, rebates,
                        discounts, price concessions, and any other
                        remuneration specified by the Secretary) for
                        such drug dispensed or administered during the
                        90-day period beginning 180 days before such
                        date of publication to each provider that was a
                        participating provider with respect to such
                        drug, broken down by each such provider, unless
                        fewer than 20 claims for such drug were
                        submitted to such plan during such period; and
                            ``(iii) in the case such drug is an
                        applicable spread price drug dispensed by a
                        pharmacy--
                                    ``(I) a specification that such
                                drug is such an applicable spread price
                                drug; and
                                    ``(II) for each pharmacy that has a
                                contractual relationship for dispensing
                                such drug under such plan, a
                                specification of the difference (if
                                any) between the specified payment
                                amount for such drug so dispensed by
                                such pharmacy and the specified
                                reimbursement amount for such drug so
                                dispensed by such pharmacy.
                    ``(C) With respect to each item or service for
                which benefits are available under such plan, the
                amount billed, and the amount allowed by the plan, for
                each such item or service furnished during the 6-month
                period beginning 9 months before the date such
                information is made public by a provider that was not a
                participating provider with respect to such item or
                service, broken down by each such provider, other than
                such an amount with respect to an item or service
                furnished by a provider that, during such period,
                submitted fewer than 11 claims for such item or service
                to such plan.
            ``(3) Manner of publication.--
                    ``(A) In general.--Rate and payment information
                required to be made available under this subsection
                shall be so made available in dollar amounts through
                separate machine-readable files (and any successor
                technology, as applicable, such as application
                programming interface technology, determined
                appropriate by the Secretary) corresponding to the
                information described in each of subparagraphs (A)
                through (C) of paragraph (2) that meet such
                requirements as specified by the Secretary (which may
                be so specified through subregulatory guidance). Such
                requirements shall ensure that such files are limited
                to an appropriate size, do not include disclosure of
                unnecessary duplicative information contained in other
                files made available under this subsection, are made
                available in a widely available format through a
                publicly available website that allows for information
                contained in such files to be compared across group
                health plans and group or individual health insurance
                coverage, and are accessible to individuals at no cost
                and without the need to establish a user account or
                provide other credentials.
                    ``(B) Timing.--Rate and payment information--
                            ``(i) described in subparagraph (A) or (B)
                        of paragraph (2) shall be made public on a
                        quarterly basis; and
                            ``(ii) described in subparagraph (C) of
                        paragraph (2) shall be made public on a monthly
                        basis.
            ``(4) User instructions.--Each group health plan shall make
        available to the public instructions written in plain language
        explaining how individuals may search for information described
        in paragraph (2) in files submitted in accordance with
        paragraph (3). The Secretary shall develop and publish through
        subregulatory guidance a template that such a plan may use in
        developing instructions for purposes of the preceding sentence.
            ``(5) Summary.--For each plan year beginning on or after
        January 1, 2028, each group health plan shall make public a
        data file, in a manner that ensures that such file may be
        easily downloaded and read by standard spreadsheet software and
        that meets such requirements as established by the Secretary,
        containing a summary of all rate and payment information made
        public by such plan with respect to such plan during such plan
        year. Such file shall include the following:
                    ``(A) The mean, median, and interquartile range of
                the in-network rate, and the amount allowed for an item
                or service when not furnished by a participating
                provider, in effect as of the first day of such plan
                year for each item or service (identified by payer
                identifier approved or used by the Centers for Medicare
                & Medicaid Services) for which benefits are available
                under the plan, broken down by the type of provider
                furnishing the item or service and by the geographic
                area in which such item or service is furnished.
                    ``(B) Trends in payment rates for such items and
                services over such plan year, including an
                identification of instances in which such rates have
                increased, decreased, or remained the same.
                    ``(C) The name of such plan, a description of the
                type of network of participating providers used by such
                plan, and a description of whether such plan is self-
                insured or fully-insured.
                    ``(D) For each item or service which is paid as
                part of a bundled or capitated rate--
                            ``(i) a description of the formulae,
                        pricing methodologies, or other information
                        used to calculate the payment rate for such
                        rate; and
                            ``(ii) a list of the items and services
                        included in such rate.
                    ``(E) The percentage of items and services that are
                paid for on a fee-for-service basis and the percentage
                of items and services that are paid for as part of a
                bundled rate, capitated payment rate, or other
                alternative payment model.
    ``(d) Attestation.--Each group health plan shall annually submit to
the Secretary an attestation of such plan's compliance with the
provisions of this section. Such attestation shall include a link to
the website (or other successor technology) where rate and payment
information required to be made public under subsection (c) may be
accessed.
    ``(e) Accessibility.--A group health plan shall take reasonable
steps (as specified by the Secretary) to ensure that information
provided in response to a request described in subsection (b), and rate
and payment information made public under subsection (c), is provided
in plain, easily understandable language and that interpretation,
translations, and assistive services are provided to those with limited
English proficiency and those with disabilities.
    ``(f) PBM Disclosure of Applicable Spread Price Drugs.--An entity
providing pharmacy benefit management services on behalf of a group
health plan shall disclose to such plan, at such time and in such
manner as specified by the Secretary to ensure that information
provided under subsection (b) and rate and payment information made
public under subsection (c) is timely and accurate--
            ``(1) a list of drugs (identified by national drug codes)
        for which benefits are available under such plan that are
        applicable spread price drugs; and
            ``(2) with respect to each drug included on such list and
        each pharmacy with a contractual relationship for furnishing
        such drug under such plan, a specification of the difference
        (if any) between the specified payment amount for such drug so
        dispensed by such pharmacy and the specified reimbursement
        amount for such drug so dispensed by such pharmacy.
    ``(g) Definitions.--In this section:
            ``(1) Applicable spread price drug.--The term `applicable
        spread price drug' means, with respect to a group health plan,
        a drug for which benefits are available under such plan and
        with respect to which, at the time a disclosure described in
        subsection (f) is required to be made by an entity providing
        pharmacy benefit management services on behalf of such plan--
                    ``(A) a contract is in effect between such entity
                and a pharmacy for the dispensing of such drug under
                such plan; and
                    ``(B) the specified payment amount for such drug so
                dispensed is less than the specified reimbursement
                amount for such drug so dispensed.
            ``(2) In-network rate.--The term `in-network rate' means,
        with respect to a group health plan and an item or service
        furnished by a provider that is a participating provider with
        respect to such plan and item or service, the contracted rate
        (reflected as a dollar amount) in effect between such plan and
        such provider for such item or service, regardless of whether
        such rate is calculated based on a set amount, a fee schedule,
        or an amount derived from another amount, or a formula, or
        other method.
            ``(3) Participating provider.--The term `participating
        provider' means, with respect to an item or service and a group
        health plan, a physician or other health care provider (as
        defined in paragraph (4)) who is acting within the scope of
        practice of that provider's license or certification under
        applicable State law and who has a contractual relationship
        with the plan for furnishing such item or service under the
        plan.
            ``(4) Provider.--The term `provider' includes a health care
        facility and a pharmacy.
            ``(5) Specified payment amount.--The term `specified
        payment amount' means, with respect to a drug to be dispensed
        by a pharmacy to a participant or beneficiary of a group health
        plan where such pharmacy has in effect a contract with an
        entity providing pharmacy benefit management services on behalf
        of such plan for the dispensing of such drug under such plan,
        the amount that such entity has agreed to pay such pharmacy for
        the ingredient costs and any applicable dispensing fee for such
        drug (or the amount that such entity has agreed to pay such
        pharmacy for such drug under any other compensation structure
        specified by the Secretary) under such contract, taking into
        account any cost sharing requirement applicable to such drug
        and participant or beneficiary.
            ``(6) Specified reimbursement amount.--The term `specified
        reimbursement amount' means, with respect to a drug to be
        dispensed by a pharmacy to a participant or beneficiary of a
        group health plan where such pharmacy has in effect a contract
        with an entity providing pharmacy benefit management services
        on behalf of such plan for the dispensing of such drug under
        such plan, that amount that such plan has agreed to pay to such
        entity for the ingredient costs and any applicable dispensing
        fee for such drug (or the amount that such plan has agreed to
        pay such entity for such drug under any other compensation
        structure specified by the Secretary), taking into account any
        cost sharing requirement applicable to such drug and
        participant or beneficiary.''.
                    (B) Clerical amendment.--The item relating to
                section 9819 of the table of sections for subchapter B
                of chapter 100 of the Internal Revenue Code of 1986 is
                amended to read as follows:

``Sec. 9819. Transparency in coverage.''.
            (2) PHSA.--Section 2799A-4 of the Public Health Service Act
        (42 U.S.C. 300gg-114) is amended--
                    (A) in the header, by striking ``maintenance of
                price comparison tool'' and inserting ``transparency in
                coverage'';
                    (B) by striking ``A group health plan'' and
                inserting the following:
    ``(a) Maintenance of Price Comparison Tool for Plan Years Before
2028.--
            ``(1) In general.--A group health plan'';
                    (C) in subsection (a), as inserted by subparagraph
                (B), by adding at the end the following new paragraph:
            ``(2) Sunset.--Paragraph (1) shall not apply with respect
        to plan years beginning on or after January 1, 2028.''; and
                    (D) by adding at the end the following new
                subsections:
    ``(b) Cost-sharing Transparency.--
            ``(1) In general.--For plan years beginning on or after
        January 1, 2028, a group health plan and a health insurance
        issuer offering group or individual health insurance coverage
        shall provide a participant, beneficiary, or enrollee, in a
        timely manner upon request of the participant, beneficiary, or
        enrollee, information on the amount of cost-sharing (including
        deductibles, copayments, and coinsurance) under the
        participant, beneficiary, or enrollee's plan or coverage that
        the participant, beneficiary, or enrollee would be responsible
        for paying with respect to the furnishing of a specific item or
        service by a provider. At a minimum, such information shall
        include the information specified in paragraph (2) and shall be
        made available to such participant, beneficiary, or enrollee
        through a self-service tool that meets the requirements of
        paragraph (3) or, at the option of such participant,
        beneficiary, or enrollee, through a paper disclosure or phone
        or other electronic disclosure (as selected by such individual
        and provided at no cost to such individual) that meets such
        requirements as the Secretary may specify.
            ``(2) Specified information.--For purposes of paragraph
        (1), the information specified in this paragraph is, with
        respect to an item or service for which benefits are available
        under a group health plan or group or individual health
        insurance coverage furnished by a health care provider to an
        individual enrolled under such plan or coverage, the following:
                    ``(A) If such provider is a participating provider
                with respect to such item or service, the in-network
                rate for such item or service.
                    ``(B) If such provider is not a participating
                provider with respect to such item or service, the
                maximum allowed amount or other dollar amount that such
                plan or coverage will recognize as payment for such
                item or service, along with a notice that such
                individual may be liable for additional charges.
                    ``(C) The estimated amount of cost sharing
                (including deductibles, copayments, and coinsurance)
                that the individual will incur for such item or service
                (which, in the case such item or service is to be
                furnished by a provider described in subparagraph (B),
                shall be calculated using the maximum allowed amount or
                other dollar amount described in such subparagraph).
                    ``(D) The amount the individual has already
                accumulated with respect to any deductible or out of
                pocket maximum under the plan or coverage (broken down,
                in the case separate deductibles or maximums apply to
                individuals enrolled in the plan or coverage, by such
                separate deductibles or maximums, in addition to any
                cumulative deductible or maximum).
                    ``(E) In the case such plan imposes any frequency
                or volume limitations with respect to such item or
                service (excluding medical necessity determinations),
                the amount that such individual has accrued towards
                such limitation with respect to such item or service.
                    ``(F) Any prior authorization, concurrent review,
                step therapy, fail first, or similar requirements
                applicable to coverage of such item or service under
                such plan or coverage.
                    ``(G) Any financial incentives (such as any credit,
                payment, or other benefit provided by such plan or
                issuer) available to the individual with respect to
                such item or service furnished by such provider known
                at the time such request is made.
                    ``(H) In the case such item or service is an
                applicable spread price drug dispensed by a pharmacy--
                            ``(i) a specification that such item or
                        service is such an applicable spread price
                        drug;
                            ``(ii) the amount of the difference (if
                        any) between the specified payment amount for
                        such drug so dispensed by such pharmacy and the
                        specified reimbursement amount for such drug so
                        dispensed by such pharmacy;
                            ``(iii) a plain language statement
                        specified by the Secretary that explains the
                        concept of spread pricing and how such item's
                        status as such an applicable spread price drug
                        may impact the amount such plan or coverage
                        pays for such drug and cost sharing amounts for
                        such drug described in subparagraph (C); and
                            ``(iv) except in the case of individual
                        health insurance coverage, a plain language
                        statement specified by the Secretary informing
                        the participant or beneficiary of the
                        participant's or beneficiary's ability to
                        obtain a summary document relating to drug
                        pricing information described in section 2799A-
                        11(b)(2)(B)(ii).
            ``(3) Self-service tool.--For purposes of paragraph (1), a
        self-service tool established by a group health plan or health
        insurance issuer offering group or individual health insurance
        coverage meets the requirements of this paragraph if such
        tool--
                    ``(A) is based on an internet website (or successor
                technology specified by the Secretary);
                    ``(B) provides for real-time responses to requests
                described in paragraph (1);
                    ``(C) is updated in a manner such that information
                provided through such tool is timely and accurate at
                the time such request is made;
                    ``(D) allows such a request to be made with respect
                to an item or service furnished by--
                            ``(i) a specific provider that is a
                        participating provider with respect to such
                        item or service;
                            ``(ii) all providers that are participating
                        providers with respect to such item or service;
                        or
                            ``(iii) a provider located in a relevant
                        geographic region that is not a participating
                        provider with respect to such item or service;
                    ``(E) provides that such a request may be made with
                respect to an item or service through use of the
                billing code for such item or service or through use of
                a descriptive term for such item or service; and
                    ``(F) meets any other requirement determined
                appropriate by the Secretary, including requirements to
                ensure the accessibility and usability of information
                provided through such tool.
        The Secretary may require such tool, as a condition of
        complying with subparagraph (E), to link multiple billing codes
        to a single descriptive term if the Secretary determines that
        the billing codes to be so linked correspond to similar items
        and services.
    ``(c) Rate and Payment Information.--
            ``(1) In general.--For plan years beginning on or after
        January 1, 2028, each group health plan and health insurance
        issuer offering group or individual health insurance coverage
        (other than a grandfathered health plan (as defined in section
        1251(e) of the Patient Protection and Affordable Care Act))
        shall make available to the public the rate and payment
        information described in paragraph (2) in accordance with
        paragraph (3).
            ``(2) Rate and payment information described.--For purposes
        of paragraph (1), the rate and payment information described in
        this paragraph is, with respect to a group health plan or group
        or individual health insurance coverage, the following:
                    ``(A) With respect to each item or service (other
                than a drug) for which benefits are available under
                such plan or coverage,--
                            ``(i) the in-network rate (expressed as a
                        dollar amount) in effect as of the date on
                        which such information is made public with each
                        provider that is a participating provider with
                        respect to such item or service;
                            ``(ii) with respect to each such provider,
                        an indication of whether, during the 1-year
                        period beginning 18 months before the date such
                        information is made public, such provider
                        submitted a claim for such item or service to
                        such plan or coverage; and
                            ``(iii) in the case that such plan or
                        coverage provides benefits for such item or
                        service only when furnished by a specific type
                        of provider, a specification of each type of
                        provider that may furnish such item or service
                        under such plan or coverage;
                    ``(B) With respect to each drug (identified by
                national drug code) for which benefits are available
                under such plan or coverage--
                            ``(i) the in-network rate (expressed as a
                        dollar amount) in effect as of the first day of
                        the month in which such information is made
                        public with each provider that is a
                        participating provider with respect to such
                        drug;
                            ``(ii) the average amount paid by such plan
                        or coverage (accounting for, in a manner
                        determined appropriate by the Secretary,
                        rebates, discounts, price concessions, and any
                        other remuneration specified by the Secretary)
                        for such drug dispensed or administered during
                        the 90-day period beginning 180 days before
                        such date of publication to each provider that
                        was a participating provider with respect to
                        such drug, broken down by each such provider,
                        unless fewer than 20 claims for such drug were
                        submitted to such plan or coverage during such
                        period; and
                            ``(iii) in the case such drug is an
                        applicable spread price drug dispensed by a
                        pharmacy--
                                    ``(I) a specification that such
                                drug is such an applicable spread price
                                drug; and
                                    ``(II) for each pharmacy that has a
                                contractual relationship for dispensing
                                such drug under such plan or coverage,
                                a specification of the difference (if
                                any) between the specified payment
                                amount for such drug so dispensed by
                                such pharmacy and the specified
                                reimbursement amount for such drug so
                                dispensed by such pharmacy.
                    ``(C) With respect to each item or service for
                which benefits are available under such plan or
                coverage, the amount billed, and the amount allowed by
                the plan, for each such item or service furnished
                during the 6-month period beginning 9 months before the
                date such information is made public by a provider that
                was not a participating provider with respect to such
                item or service, broken down by each such provider,
                other than such an amount with respect to an item or
                service furnished by a provider that, during such
                period, submitted fewer than 11 claims for such item or
                service to such plan or coverage.
            ``(3) Manner of publication.--
                    ``(A) In general.--Rate and payment information
                required to be made available under this subsection
                shall be so made available in dollar amounts through
                separate machine-readable files (and any successor
                technology, as applicable, such as application
                programming interface technology, determined
                appropriate by the Secretary) corresponding to the
                information described in each of subparagraphs (A)
                through (C) of paragraph (2) that meet such
                requirements as specified by the Secretary (which may
                be so specified through subregulatory guidance). Such
                requirements shall ensure that such files are limited
                to an appropriate size, do not include disclosure of
                unnecessary duplicative information contained in other
                files made available under this subsection, are made
                available in a widely-available format through a
                publicly-available website that allows for information
                contained in such files to be compared across group
                health plans and group or individual health insurance
                coverage, and are accessible to individuals at no cost
                and without the need to establish a user account or
                provide other credentials.
                    ``(B) Timing.--Rate and payment information--
                            ``(i) described in subparagraph (A) or (B)
                        of paragraph (2) shall be made public on a
                        quarterly basis; and
                            ``(ii) described in subparagraph (C) of
                        paragraph (2) shall be made public on a monthly
                        basis.
            ``(4) User instructions.--Each group health plan and health
        insurance issuer offering group or individual health insurance
        coverage shall make available to the public instructions
        written in plain language explaining how individuals may search
        for information described in paragraph (2) in files submitted
        in accordance with paragraph (3). The Secretary shall develop
        and publish through subregulatory guidance a template that such
        a plan may use in developing instructions for purposes of the
        preceding sentence.
            ``(5) Summary.--For each plan year beginning on or after
        January 1, 2028, each group health plan and health insurance
        issuer offering group or individual health insurance coverage
        shall make public a data file, in a manner that ensures that
        such file may be easily downloaded and read by standard
        spreadsheet software and that meets such requirements as
        established by the Secretary, containing a summary of all rate
        and payment information made public by such plan or issuer with
        respect to such plan or coverage during such plan year. Such
        file shall include the following:
                    ``(A) The mean, median, and interquartile range of
                the in-network rate, and the amount allowed for an item
                or service when not furnished by a participating
                provider, in effect as of the first day of such plan
                year for each item or service (identified by payer
                identifier approved or used by the Centers for Medicare
                & Medicaid Services) for which benefits are available
                under the plan or coverage, broken down by the type of
                provider furnishing the item or service and by the
                geographic area in which such item or service is
                furnished.
                    ``(B) Trends in payment rates for such items and
                services over such plan year, including an
                identification of instances in which such rates have
                increased, decreased, or remained the same.
                    ``(C) The name of such plan, a description of the
                type of network of participating providers used by such
                plan or coverage, and, in the case of a group health
                plan, a description of whether such plan is self-
                insured or fully-insured.
                    ``(D) For each item or service which is paid as
                part of a bundled or capitated rate--
                            ``(i) a description of the formulae,
                        pricing methodologies, or other information
                        used to calculate the payment rate for such
                        rate; and
                            ``(ii) a list of the items and services
                        included in such rate.
                    ``(E) The percentage of items and services that are
                paid for on a fee-for-service basis and the percentage
                of items and services that are paid for as part of a
                bundled rate, capitated payment rate, or other
                alternative payment model.
    ``(d) Attestation.--Each group health plan and health insurance
issuer offering group or individual health insurance coverage shall
annually submit to the Secretary an attestation of such plan's or
coverage's compliance with the provisions of this section. Such
attestation shall include a link to the website (or other successor
technology) where rate and payment information required to be made
public under subsection (c) may be accessed.
    ``(e) Accessibility.--A group health plan and a health insurance
issuer offering group or individual health insurance coverage shall
take reasonable steps (as specified by the Secretary) to ensure that
information provided in response to a request described in subsection
(b), and rate and payment information made public under subsection (c),
is provided in plain, easily understandable language and that
interpretation, translations, and assistive services are provided to
those with limited English proficiency and those with disabilities.
    ``(f) PBM Disclosure of Applicable Spread Price Drugs.--An entity
providing pharmacy benefit management services on behalf of a group
health plan or group or individual health insurance coverage shall
disclose to such plan or coverage, at such time and in such manner as
specified by the Secretary to ensure that information provided under
subsection (b) and rate and payment information made public under
subsection (c) is timely and accurate--
            ``(1) a list of drugs (identified by national drug codes)
        for which benefits are available under such plan that are
        applicable spread price drugs; and
            ``(2) with respect to each drug included on such list and
        each pharmacy with a contractual relationship for furnishing
        such drug under such plan or coverage, a specification of the
        difference (if any) between the specified payment amount for
        such drug so dispensed by such pharmacy and the specified
        reimbursement amount for such drug so dispensed by such
        pharmacy.
    ``(g) Definitions.--In this section:
            ``(1) Applicable spread price drug.--The term `applicable
        spread price drug' means, with respect to a group health plan
        or group or individual health insurance coverage, a drug for
        which benefits are available under such plan or coverage and
        with respect to which, at the time a disclosure described in
        subsection (f) is required to be made by an entity providing
        pharmacy benefit management services on behalf of such plan or
        coverage--
                    ``(A) a contract is in effect between such entity
                and a pharmacy for the dispensing of such drug under
                such plan or coverage; and
                    ``(B) the specified payment amount for such drug so
                dispensed is less than the specified reimbursement
                amount for such drug so dispensed.
            ``(2) In-network rate.--The term `in-network rate' means,
        with respect to a group health plan or group or individual
        health insurance coverage and an item or service furnished by a
        provider that is a participating provider with respect to such
        plan or coverage and item or service, the contracted rate
        (reflected as a dollar amount) in effect between such plan or
        coverage and such provider for such item or service, regardless
        of whether such rate is calculated based on a set amount, a fee
        schedule, or an amount derived from another amount, or a
        formula, or other method.
            ``(3) Participating provider.--The term `participating
        provider' means, with respect to an item or service and a group
        health plan or health insurance issuer offering group or
        individual health insurance coverage, a physician or other
        health care provider (as defined in paragraph (4)) who is
        acting within the scope of practice of that provider's license
        or certification under applicable State law and who has a
        contractual relationship with the plan or issuer, respectively,
        for furnishing such item or service under the plan or coverage,
        respectively.
            ``(4) Provider.--The term `provider' includes a health care
        facility and a pharmacy.
            ``(5) Specified payment amount.--The term `specified
        payment amount' means, with respect to a drug to be dispensed
        by a pharmacy to a participant, beneficiary, or enrollee of a
        group health plan or group or individual health insurance
        coverage where such pharmacy has in effect a contract with an
        entity providing pharmacy benefit management services on behalf
        of such plan or coverage for the dispensing of such drug under
        such plan or coverage, the amount that such entity has agreed
        to pay such pharmacy for the ingredient costs and any
        applicable dispensing fee for such drug (or the amount that
        such entity has agreed to pay such pharmacy for such drug under
        any other compensation structure specified by the Secretary)
        under such contract, taking into account any cost sharing
        requirement applicable to such drug and participant,
        beneficiary, or enrollee.
            ``(6) Specified reimbursement amount.--The term `specified
        reimbursement amount' means, with respect to a drug to be
        dispensed by a pharmacy to a participant, beneficiary, or
        enrollee of a group health plan or group or individual health
        insurance coverage where such pharmacy has in effect a contract
        with an entity providing pharmacy benefit management services
        on behalf of such plan or coverage for the dispensing of such
        drug under such plan or coverage, that amount that such plan or
        coverage has agreed to pay to such entity for the ingredient
        costs and any applicable dispensing fee for such drug (or the
        amount that such plan or coverage has agreed to pay such entity
        for such drug under any other compensation structure specified
        by the Secretary), taking into account any cost sharing
        requirement applicable to such drug and participant,
        beneficiary, or enrollee.''.
            (3) ERISA.--
                    (A) In general.--Section 719 of the Employee
                Retirement Income Security Act of 1974 (29 U.S.C.
                1185h) is amended--
                            (i) in the header, by striking
                        ``maintenance of price comparison tool'' and
                        inserting ``transparency in coverage'';
                            (ii) by striking ``A group health plan''
                        and inserting the following:
    ``(a) Maintenance of Price Comparison Tool for Plan Years Before
2028.--
            ``(1) In general.--A group health plan'';
                            (iii) in subsection (a), as inserted by
                        clause (ii), by adding at the end the following
                        new paragraph:
            ``(2) Sunset.--Paragraph (1) shall not apply with respect
        to plan years beginning on or after January 1, 2028.''; and
                            (iv) by adding at the end the following new
                        subsections:
    ``(b) Cost-Sharing Transparency.--
            ``(1) In general.--For plan years beginning on or after
        January 1, 2028, a group health plan and a health insurance
        issuer offering group health insurance coverage shall provide a
        participant or beneficiary, in a timely manner upon request of
        the participant or beneficiary, information on the amount of
        cost-sharing (including deductibles, copayments, and
        coinsurance) under the participant or beneficiary's plan or
        coverage that the participant or beneficiary would be
        responsible for paying with respect to the furnishing of a
        specific item or service by a provider. At a minimum, such
        information shall include the information specified in
        paragraph (2) and shall be made available to such participant
        or beneficiary through a self-service tool that meets the
        requirements of paragraph (3) or, at the option of such
        participant or beneficiary, through a paper disclosure or phone
        or other electronic disclosure (as selected by such participant
        or beneficiary and provided at no cost to such participant or
        beneficiary) that meets such requirements as the Secretary may
        specify.
            ``(2) Specified information.--For purposes of paragraph
        (1), the information specified in this paragraph is, with
        respect to an item or service for which benefits are available
        under a group health plan or group health insurance coverage
        furnished by a health care provider to a participant or
        beneficiary of such plan or coverage, the following:
                    ``(A) If such provider is a participating provider
                with respect to such item or service, the in-network
                rate for such item or service.
                    ``(B) If such provider is not a participating
                provider with respect to such item or service, the
                maximum allowed amount or other dollar amount that such
                plan or coverage will recognize as payment for such
                item or service, along with a notice that such
                participant or beneficiary may be liable for additional
                charges.
                    ``(C) The estimated amount of cost-sharing
                (including deductibles, copayments, and coinsurance)
                that the participant or beneficiary will incur for such
                item or service (which, in the case such item or
                service is to be furnished by a provider described in
                subparagraph (B), shall be calculated using the maximum
                allowed amount or other dollar amount described in such
                subparagraph).
                    ``(D) The amount the participant or beneficiary has
                already accumulated with respect to any deductible or
                out of pocket maximum under the plan or coverage
                (broken down, in the case separate deductibles or
                maximums apply to a participant and such participant's
                beneficiaries enrolled in the plan or coverage, by such
                separate deductibles or maximums, in addition to any
                cumulative deductible or maximum).
                    ``(E) In the case such plan imposes any frequency
                or volume limitations with respect to such item or
                service (excluding medical necessity determinations),
                the amount that such participant or beneficiary has
                accrued towards such limitation with respect to such
                item or service.
                    ``(F) Any prior authorization, concurrent review,
                step therapy, fail first, or similar requirements
                applicable to coverage of such item or service under
                such plan or coverage.
                    ``(G) Any financial incentives (such as any credit,
                payment, or other benefit provided by such plan or
                issuer) available to the participant or beneficiary
                with respect to such item or service furnished by such
                provider known at the time such request is made.
                    ``(H) In the case such item or service is an
                applicable spread price drug dispensed by a pharmacy--
                            ``(i) a specification that such item or
                        service is such an applicable spread price
                        drug;
                            ``(ii) the amount of the difference (if
                        any) between the specified payment amount for
                        such drug so dispensed by such pharmacy and the
                        specified reimbursement amount for such drug so
                        dispensed by such pharmacy;
                            ``(iii) a plain language statement
                        specified by the Secretary that explains the
                        concept of spread pricing and how such item's
                        status as such an applicable spread price drug
                        may impact the amount such plan or coverage
                        pays for such drug and cost sharing amounts for
                        such drug described in subparagraph (C); and
                            ``(iv) a plain language statement specified
                        by the Secretary informing the participant or
                        beneficiary of the participant's or
                        beneficiary's ability to obtain a summary
                        document relating to drug pricing information
                        described in section 726(b)(2)(B)(ii).
            ``(3) Self-service tool.--For purposes of paragraph (1), a
        self-service tool established by a group health plan or health
        insurance issuer offering group health insurance coverage meets
        the requirements of this paragraph if such tool--
                    ``(A) is based on an internet website (or successor
                technology specified by the Secretary);
                    ``(B) provides for real-time responses to requests
                described in paragraph (1);
                    ``(C) is updated in a manner such that information
                provided through such tool is timely and accurate at
                the time such request is made;
                    ``(D) allows such a request to be made with respect
                to an item or service furnished by--
                            ``(i) a specific provider that is a
                        participating provider with respect to such
                        item or service;
                            ``(ii) all providers that are participating
                        providers with respect to such item or service;
                        or
                            ``(iii) a provider located in a relevant
                        geographic region that is not a participating
                        provider with respect to such item or service;
                    ``(E) provides that such a request may be made with
                respect to an item or service through use of the
                billing code for such item or service or through use of
                a descriptive term for such item or service; and
                    ``(F) meets any other requirement determined
                appropriate by the Secretary, including requirements to
                ensure the accessibility and usability of information
                provided through such tool.
        The Secretary may require such tool, as a condition of
        complying with subparagraph (E), to link multiple billing codes
        to a single descriptive term if the Secretary determines that
        the billing codes to be so linked correspond to similar items
        and services.
    ``(c) Rate and Payment Information.--
            ``(1) In general.--For plan years beginning on or after
        January 1, 2028, each group health plan and health insurance
        issuer offering group health insurance coverage (other than a
        grandfathered health plan (as defined in section 1251(e) of the
        Patient Protection and Affordable Care Act)) shall make
        available to the public the rate and payment information
        described in paragraph (2) in accordance with paragraph (3).
            ``(2) Rate and payment information described.--For purposes
        of paragraph (1), the rate and payment information described in
        this paragraph is, with respect to a group health plan or group
        health insurance coverage, the following:
                    ``(A) With respect to each item or service (other
                than a drug) for which benefits are available under
                such plan or coverage--
                            ``(i) the in-network rate (expressed as a
                        dollar amount) in effect as of the date on
                        which such information is made public with each
                        provider that is a participating provider with
                        respect to such item or service;
                            ``(ii) with respect to each such provider,
                        an indication of whether, during the 1-year
                        period beginning 18 months before the date such
                        information is made public, such provider
                        submitted a claim for such item or service to
                        such plan or coverage; and
                            ``(iii) in the case that such plan or
                        coverage provides benefits for such item or
                        service only when furnished by a specific type
                        of provider, a specification of each type of
                        provider that may furnish such item or service
                        under such plan or coverage;
                    ``(B) With respect to each drug (identified by
                national drug code) for which benefits are available
                under such plan or coverage--
                            ``(i) the in-network rate (expressed as a
                        dollar amount) in effect as of the first day of
                        the month in which such information is made
                        public with each provider that is a
                        participating provider with respect to such
                        drug;
                            ``(ii) the average amount paid by such plan
                        or coverage (accounting for, in a manner
                        determined appropriate by the Secretary,
                        rebates, discounts, price concessions, and any
                        other remuneration specified by the Secretary)
                        for such drug dispensed or administered during
                        the 90-day period beginning 180 days before
                        such date of publication to each provider that
                        was a participating provider with respect to
                        such drug, broken down by each such provider,
                        unless fewer than 20 claims for such drug were
                        submitted to such plan or coverage during such
                        period; and
                            ``(iii) in the case such drug is an
                        applicable spread price drug dispensed by a
                        pharmacy--
                                    ``(I) a specification that such
                                drug is such an applicable spread price
                                drug; and
                                    ``(II) for each pharmacy that has a
                                contractual relationship for dispensing
                                such drug under such plan or coverage,
                                a specification of the difference (if
                                any) between the specified payment
                                amount for such drug so dispensed by
                                such pharmacy and the specified
                                reimbursement amount for such drug so
                                dispensed by such pharmacy.
                    ``(C) With respect to each item or service for
                which benefits are available under such plan or
                coverage, the amount billed, and the amount allowed by
                the plan, for each such item or service furnished
                during the 6-month period beginning 9 months before the
                date such information is made public by a provider that
                was not a participating provider with respect to such
                item or service, broken down by each such provider,
                other than such an amount with respect to an item or
                service furnished by a provider that, during such
                period, submitted fewer than 11 claims for such item or
                service to such plan or coverage.
            ``(3) Manner of publication.--
                    ``(A) In general.--Rate and payment information
                required to be made available under this subsection
                shall be so made available in dollar amounts through
                separate machine-readable files (and any successor
                technology, as applicable, such as application
                programming interface technology, determined
                appropriate by the Secretary) corresponding to the
                information described in each of subparagraphs (A)
                through (C) of paragraph (2) that meet such
                requirements as specified by the Secretary (which may
                be so specified through subregulatory guidance). Such
                requirements shall ensure that such files are limited
                to an appropriate size, do not include disclosure of
                unnecessary duplicative information contained in other
                files made available under this subsection, are made
                available in a widely available format through a
                publicly available website that allows for information
                contained in such files to be compared across group
                health plans and group or individual health insurance
                coverage, and are accessible to individuals at no cost
                and without the need to establish a user account or
                provide other credentials.
                    ``(B) Timing.--Rate and payment information--
                            ``(i) described in subparagraph (A) or (B)
                        of paragraph (2) shall be made public on a
                        quarterly basis; and
                            ``(ii) described in subparagraph (C) of
                        paragraph (2) shall be made public on a monthly
                        basis.
            ``(4) User instructions.--Each group health plan and health
        insurance issuer offering group health insurance coverage shall
        make available to the public instructions written in plain
        language explaining how individuals may search for information
        described in paragraph (2) in files submitted in accordance
        with paragraph (3). The Secretary shall develop and publish
        through subregulatory guidance a template that such a plan may
        use in developing instructions for purposes of the preceding
        sentence.
            ``(5) Summary.--For each plan year beginning on or after
        January 1, 2028, each group health plan and health insurance
        issuer offering group health insurance coverage shall make
        public a data file, in a manner that ensures that such file may
        be easily downloaded and read by standard spreadsheet software
        and that meets such requirements as established by the
        Secretary, containing a summary of all rate and payment
        information made public by such plan or issuer with respect to
        such plan or coverage during such plan year. Such file shall
        include the following:
                    ``(A) The mean, median, and interquartile range of
                the in-network rate, and the amount allowed for an item
                or service when not furnished by a participating
                provider, in effect as of the first day of such plan
                year for each item or service (identified by payer
                identifier approved or used by the Centers for Medicare
                & Medicaid Services) for which benefits are available
                under the plan or coverage, broken down by the type of
                provider furnishing the item or service and by the
                geographic area in which such item or service is
                furnished.
                    ``(B) Trends in payment rates for such items and
                services over such plan year, including an
                identification of instances in which such rates have
                increased, decreased, or remained the same.
                    ``(C) The name of such plan, a description of the
                type of network of participating providers used by such
                plan or coverage, and, in the case of a group health
                plan, a description of whether such plan is self-
                insured or fully-insured.
                    ``(D) For each item or service which is paid as
                part of a bundled or capitated rate--
                            ``(i) a description of the formulae,
                        pricing methodologies, or other information
                        used to calculate the payment rate for such
                        rate; and
                            ``(ii) a list of the items and services
                        included in such rate.
                    ``(E) The percentage of items and services that are
                paid for on a fee-for-service basis and the percentage
                of items and services that are paid for as part of a
                bundled rate, capitated payment rate, or other
                alternative payment model.
    ``(d) Attestation.--Each group health plan and health insurance
issuer offering group health insurance coverage shall annually submit
to the Secretary an attestation of such plan's or coverage's compliance
with the provisions of this section. Such attestation shall include a
link to the website (or other successor technology) where rate and
payment information required to be made public under subsection (c) may
be accessed.
    ``(e) Accessibility.--A group health plan and a health insurance
issuer offering group health insurance coverage shall take reasonable
steps (as specified by the Secretary) to ensure that information
provided in response to a request described in subsection (b), and rate
and payment information made public under subsection (c), is provided
in plain, easily understandable language and that interpretation,
translations, and assistive services are provided to those with limited
English proficiency and those with disabilities.
    ``(f) PBM Disclosure of Applicable Spread Price Drugs.--An entity
providing pharmacy benefit management services on behalf of a group
health plan or group health insurance coverage shall disclose to such
plan or coverage, at such time and in such manner as specified by the
Secretary to ensure that information provided under subsection (b) and
rate and payment information made public under subsection (c) is timely
and accurate--
            ``(1) a list of drugs (identified by national drug codes)
        for which benefits are available under such plan that are
        applicable spread price drugs; and
            ``(2) with respect to each drug included on such list and
        each pharmacy with a contractual relationship for furnishing
        such drug under such plan or coverage, a specification of the
        difference (if any) between the specified payment amount for
        such drug so dispensed by such pharmacy and the specified
        reimbursement amount for such drug so dispensed by such
        pharmacy.
    ``(g) Definitions.--In this section:
            ``(1) Applicable spread price drug.--The term `applicable
        spread price drug' means, with respect to a group health plan
        or group health insurance coverage, a drug for which benefits
        are available under such plan or coverage and with respect to
        which, at the time a disclosure described in subsection (f) is
        required to be made by an entity providing pharmacy benefit
        management services on behalf of such plan or coverage--
                    ``(A) a contract is in effect between such entity
                and a pharmacy for the dispensing of such drug under
                such plan or coverage; and
                    ``(B) the specified payment amount for such drug so
                dispensed is less than the specified reimbursement
                amount for such drug so dispensed.
            ``(2) In-network rate.--The term `in-network rate' means,
        with respect to a group health plan or group health insurance
        coverage and an item or service furnished by a provider that is
        a participating provider with respect to such plan or coverage
        and item or service, the contracted rate (reflected as a dollar
        amount) in effect between such plan or coverage and such
        provider for such item or service, regardless of whether such
        rate is calculated based on a set amount, a fee schedule, or an
        amount derived from another amount, or a formula, or other
        method.
            ``(3) Participating provider.--The term `participating
        provider' means, with respect to an item or service and a group
        health plan or health insurance issuer offering group health
        insurance coverage, a physician or other health care provider
        (as defined in paragraph (4)) who is acting within the scope of
        practice of that provider's license or certification under
        applicable State law and who has a contractual relationship
        with the plan or issuer, respectively, for furnishing such item
        or service under the plan or coverage, respectively.
            ``(4) Provider.--The term `provider' includes a health care
        facility and a pharmacy.
            ``(5) Specified payment amount.--The term `specified
        payment amount' means, with respect to a drug to be dispensed
        by a pharmacy to a participant or beneficiary of a group health
        plan or group health insurance coverage where such pharmacy has
        in effect a contract with an entity providing pharmacy benefit
        management services on behalf of such plan or coverage for the
        dispensing of such drug under such plan or coverage, the amount
        that such entity has agreed to pay such pharmacy for the
        ingredient costs and any applicable dispensing fee for such
        drug (or the amount that such entity has agreed to pay such
        pharmacy for such drug under any other compensation structure
        specified by the Secretary) under such contract, taking into
        account any cost sharing requirement applicable to such drug
        and participant or beneficiary.
            ``(6) Specified reimbursement amount.--The term `specified
        reimbursement amount' means, with respect to a drug to be
        dispensed by a pharmacy to a participant or beneficiary of a
        group health plan or group health insurance coverage where such
        pharmacy has in effect a contract with an entity providing
        pharmacy benefit management services on behalf of such plan or
        coverage for the dispensing of such drug under such plan or
        coverage, that amount that such plan or coverage has agreed to
        pay to such entity for the ingredient costs and any applicable
        dispensing fee for such drug (or the amount that such plan or
        coverage has agreed to pay such entity for such drug under any
        other compensation structure specified by the Secretary),
        taking into account any cost sharing requirement applicable to
        such drug and participant or beneficiary.''.
                    (B) Clerical amendment.--The table of contents in
                section 1 of the Employee Retirement Income Security
                Act of 1974 is amended by striking the item relating to
                section 719 and inserting the following new item:

``Sec. 719. Transparency in coverage.''.
    (b) Application Programming Interface Report.--Not later than
January 1, 2028, and annually thereafter, the Secretary of Health and
Human Services shall, in consultation with the Office of the National
Coordinator for Health Information Technology, Department of Labor, the
Department of the Treasury, and stakeholders, submit to the House
Committees on Education and the Workforce, Energy and Commerce, and
Ways and Means, and the Senate Committees on Finance and Health,
Education, Labor, and Pensions a report on the use of standards-based
application programming interfaces (in this subsection referred to as
``APIs'') to facilitate access to health care price transparency
information and the interoperability of other medical information. Such
report shall include an evaluation of the capacity of the Department of
Health and Human Services, the Department of Labor, and the Department
of the Treasury to regulate and implement standards related to APIs and
recommendations for improving such capacity. Such report shall include
the following:
            (1) A description of current use, and proposed use, of APIs
        under Federal rules to facilitate interoperability, including
        information related to capacity constraints within the
        agencies, barriers to adoption, privacy and security,
        administrative burdens and efficiencies, care coordination, and
        levels of compliance.
            (2) A description of the feasibility of agency
        participation in the development of APIs to enable application
        access to price transparency data under the amendments made by
        subsection (a).
            (3) A specification of the timeline for which such data
        standards can be required to make such data accessible via an
        API.
            (4) An analysis of the benefits and challenges of
        implementing standards-based APIs for price transparency data,
        including the ability for consumers to access rate and payment
        information and the amount of cost-sharing (including
        deductibles, copayments, and coinsurance) under the consumer's
        plan through third-party internet-based tools and applications.
            (5) An analysis of the impact that APIs which provide real-
        time access to pricing and cost-sharing information may have in
        increasing the amount of services shoppable for individuals,
        such as by standardizing more health care spend via episode
        bundles.
            (6) An analysis of which health care items and services may
        be useful under API, such as those for which prices change with
        the greatest frequency.
            (7) An analysis of the cost of API standards implementation
        on issuers, employers, and other private-sector entities.
            (8) An analysis of the ability of State regulators to
        enforce API standards and the costs to the Federal Government
        and States to regulate and enforce API standards.
            (9) An analysis of the interaction with API standards and
        Federal health information privacy standards.
    (c) Provider Tool Report.--
            (1) In general.--Not later than 1 year after the date of
        the enactment of this Act, The Secretary of Health and Human
        Services, acting through the Administrator of the Centers for
        Medicare & Medicaid Services, shall, in consultation with
        stakeholders, conduct a study and submit to the House
        Committees on Education and the Workforce, Energy and Commerce,
        and Ways and Means, and the Senate Committees on Finance and
        Health, Education, Labor, and Pensions a report on the
        usefulness and feasibility of the establishment of a provider
        tool by a group health plan, or a health insurance issuer
        offering group or individual health insurance coverage, in
        facilitating the provision of information made available
        pursuant to the amendments made by subsection (a). Such report
        shall include the following:
                    (A) A description of the feasibility of
                establishing a requirement for the various types of
                plans and coverage to offer such a provider tool,
                including any challenges to establishing a provider
                tool using the same technology platform as the self-
                service tool described in such amendments.
                    (B) An evaluation on the usefulness of a provider
                tool to aid patient-decision making and how such tool
                would coordinate with other information available to a
                patient and their provider under other Federal
                requirements in place or under consideration.
                    (C) An evaluation of whether the information
                provided by such tool would be duplicative of the
                advanced explanation of benefits required under Federal
                law or any other existing requirement.
                    (D) A description of the usability and expected
                utilization of such tool among providers, including
                among different provider types.
                    (E) An analysis of the impact of a provider tool in
                value-based care arrangements.
                    (F) An analysis on the potential impact of the
                provider tool on--
                            (i) patients' out-of-pocket spending;
                            (ii) plan design, including impacts on
                        cost-sharing requirements;
                            (iii) care coordination and quality;
                            (iv) plan premiums;
                            (v) overall health care spending and
                        utilization; and
                            (vi) health care access in rural areas.
                    (G) An analysis of the feasibility of a provider
                tool to include additional functionality to facilitate
                and improve the administration of the requirements on
                providers to submit notifications to such plan or
                coverage under section 2799B-6 of the Public Health
                Service Act and the requirements on such plan or
                coverage to provide an advanced explanation of benefits
                to individuals under section 2799A-1(f) of such Act.
                    (H) An analysis of which health care items and
                services, would be most useful for providers utilizing
                a provider tool.
                    (I) An analysis of rulemaking required to ensure
                such a tool complies with federal health information
                privacy standards.
                    (J) An analysis of the burden and cost of the
                creation of a provider tool by plans and coverage on
                providers, issuers, employers, and other private-sector
                entities.
                    (K) An analysis of the ability of state regulators
                to enforce provider tool standards and the costs to the
                Department and states to regulate and enforce provider
                tool standards.
            (2) Definition.--The term ``provider tool'' means a tool
        designed to facilitate the provision of information made
        available pursuant to the amendments made by subsection (a) and
        established by a group health plan or a health insurance issuer
        offering group or individual health insurance coverage that
        allows providers to access the information such plan or
        coverage must provide through the self-service tool described
        in such amendments to an individual with whom the provider is
        actively treating at the time of such request, upon the request
        of the provider, and with the consent of such individual.
    (d) Reports.--
            (1) Compliance.--Not later than January 1, 2029, the
        Comptroller General of the United States shall submit to
        Congress a report containing--
                    (A) an analysis of compliance with the amendments
                made by this section;
                    (B) an analysis of enforcement of such amendments
                by the Secretaries of Health and Human Services, Labor,
                and the Treasury;
                    (C) recommendations relating to improving such
                enforcement; and
                    (D) recommendations relating to improving public
                disclosure, and public awareness, of information
                required to be made available by group health plans and
                health insurance issuers pursuant to such amendments.
            (2) Prices.--Not later than January 1, 2029, and biennially
        thereafter, the Secretaries of Health and Human Services,
        Labor, and the Treasury shall jointly submit to Congress a
        report containing an assessment of differences in negotiated
        prices (and any trends in such prices) in the private market
        between--
                    (A) rural and urban areas;
                    (B) the individual, small group, and large group
                markets;
                    (C) consolidated and nonconsolidated health care
                provider areas (as specified by the Secretary of Health
                and Human Services);
                    (D) nonprofit and for-profit hospitals;
                    (E) nonprofit and for-profit insurers; and
                    (F) insurers serving local or regional areas and
                insurers serving multistate or national areas.
    (e) Quality Report.--Not later than 1 year after the date of
enactment of this subsection, the Secretaries of Health and Human
Services, Labor, and the Treasury shall jointly submit to Congress a
report on the feasibility of including data relating to the quality of
health care items and services with the price transparency information
required to be made available under the amendments made by subsection
(a). Such report shall include recommendations for legislative and
regulatory actions to identify appropriate metrics for assessing and
comparing quality of care.
    (f) Continued Applicability of Rules for Previous Years.--Nothing
in the amendments made by subsection (a) may be construed as affecting
the applicability of the rule entitled ``Transparency in Coverage''
published by the Department of the Treasury, the Department of Labor,
and the Department of Health and Human Services on November 12, 2020
(85 Fed. Reg. 72158), for any plan year beginning before January 1,
2028.
                                 <all>

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Status

In Committee

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

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