Health Share Transparency Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3103 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3103

  To amend title XXVII of the Public Health Service Act to establish
  requirements for the disclosure of certain information relating to
        health care sharing ministries, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2025

   Mr. Huffman (for himself, Mr. Raskin, Mr. Casten, Ms. Norton, Ms.
Tlaib, Mr. Pocan, Mr. Moulton, Mr. Cohen, and Mr. Frost) introduced the
   following bill; which was referred to the Committee on Energy and
                                Commerce

_______________________________________________________________________

                                 A BILL

  To amend title XXVII of the Public Health Service Act to establish
  requirements for the disclosure of certain information relating to
        health care sharing ministries, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Share Transparency Act of
2025''.

SEC. 2. ESTABLISHING REQUIREMENTS FOR THE DISCLOSURE OF CERTAIN
              INFORMATION RELATING TO HEALTH CARE SHARING MINISTRIES.

    (a) In General.--Title XXVII of the Public Health Service Act (42
U.S.C. 300gg et seq.) is amended by adding at the end the following new
part:

                ``PART F--HEALTH CARE SHARING MINISTRIES

``SEC. 2799C-1. DISCLOSURE OF INFORMATION.

    ``(a) In General.--A health care sharing ministry (as defined in
section 5000A(d)(2)(B)(ii) of the Internal Revenue Code of 1986)--
            ``(1) shall, not less frequently than annually, submit to
        the Secretary, the Commissioner of Internal Revenue, and the
        Director of the Bureau of Consumer Financial Protection the
        information described in subsection (b);
            ``(2) shall disclose to each individual seeking to enroll
        in the ministry, and each individual so enrolled, the
        information described in paragraph (1) of subsection (c) in the
        manner specified in paragraph (2) of such subsection; and
            ``(3) may not enter into a contract with an entity for
        purposes of enrolling an individual in such ministry, or
        otherwise provide remuneration to such an entity in exchange
        for enrolling an individual in such ministry, unless such
        entity meets the requirements described in subsection (d).
    ``(b) Disclosure of Financial and Appeals Information.--
            ``(1) In general.--For purposes of subsection (a)(1), the
        information described in this subsection is, with respect to a
        health care sharing ministry, the following:
                    ``(A) The amount of financial reserves held by such
                ministry.
                    ``(B) The ratio of the amount of money collected
                from enrollees for purposes of reimbursing enrollees
                for medical claims that is expended by such ministry on
                costs described in paragraphs (1) and (2) of section
                2718(a) to the total amount of money so collected for
                the preceding year.
                    ``(C) The number of individuals enrolled in such
                ministry.
                    ``(D) The total amount paid by individuals enrolled
                in such ministry for coverage under such ministry over
                the preceding year.
                    ``(E) The total amount paid by such ministry for
                items and services for which benefits were available
                under such ministry over the preceding year.
                    ``(F) The average out-of-pocket expenses incurred
                by individuals enrolled under such ministry for items
                and services for which benefits are available under
                such ministry over the preceding year.
                    ``(G) A list of each State and county in which
                individuals who reside in such State or county may
                enroll in such ministry.
                    ``(H) The percentage of claims made under such
                ministry during the preceding year which were denied.
                    ``(I) Contact information for the operator (or a
                representative of the operator) of such ministry.
                    ``(J) A specification of each health care provider
                with which such ministry has in effect a contractual
                relationship for furnishing items and services under
                such ministry.
                    ``(K) The average amount of time such ministry took
                to reimburse a claim once submitted to such ministry
                during the preceding year.
            ``(2) Publication.--The Secretary shall publish the
        information submitted under subsection (a)(1) on a public
        website.
    ``(c) Disclosure of Information to Prospective and Current
Enrollees.--
            ``(1) In general.--For purposes of subsection (a)(2), the
        information described in this paragraph is, with respect to a
        health care sharing ministry, the following:
                    ``(A) How an enrollee may file a complaint or
                appeal a coverage determination, including a disclaimer
                that appeals may not be available to any entity other
                than such ministry.
                    ``(B) Whether an enrollee must use arbitration in
                appealing a coverage determination or has other legal
                recourse.
                    ``(C) An explanation that, unlike a group health
                plan or health insurance coverage, there is no
                guarantee that an enrollee will be reimbursed for any
                portion of claims submitted to such ministry, as well
                as a specification of whether any lifetime caps on
                health care sharing per enrollee are imposed under such
                ministry.
                    ``(D) The information described in subsection
                (b)(1)(F).
                    ``(E) The average amount paid per enrollee to such
                ministry for membership under such ministry over the
                preceding year.
                    ``(F) With respect to claims made during the
                preceding year for items and services for which
                benefits were available under such ministry, the total
                amount paid by such ministry for such claims compared
                and the total amount for which individuals enrolled
                under such ministry were responsible in cost sharing.
                    ``(G) A list of all items and services for which
                reimbursement is not available under such ministry, as
                well as, with respect to each item or service for which
                such reimbursement is so available, a specification of
                any conditions that would render such item or service
                nonreimbursable.
                    ``(H) A list of any other requirements imposed on
                claims submitted for health care sharing under such
                ministry.
            ``(2) Manner of disclosure.--For purposes of subsection
        (a)(2), information described in paragraph (1) shall be--
                    ``(A) disclosed in a prominent manner;
                    ``(B) made available in multiple langauges;
                    ``(C) provided immediately before enrollment of any
                individual in a health care sharing ministry; and
                    ``(D) be written in at least 14 point font (or, if
                such enrollment is being made over the phone, be read
                out loud).
    ``(d) Entity Requirements.--For purposes of subsection (a)(3), the
requirements described in this subsection are, with respect to an
entity with a contract in effect with a health care sharing ministry
for purposes of enrolling an individual in such ministry (or otherwise
receiving remuneration from such ministry in exchange for enrolling an
individual in such ministry), that such entity provides to such
individual--
            ``(1) an explanation of any tax credit that may be
        available to such individual under section 36B of the Internal
        Revenue Code of 1986 to purchase a qualified health plan (as
        defined in section 1301(a) of the Patient Protection and
        Affordable Care Act) through an Exchange established pursuant
        to such Act;
            ``(2) if such individual qualifies to enroll under a State
        plan (or waiver of such plan) under title XIX of the Social
        Security Act, or if such individual is entitled to benefits
        under part A or eligible to enroll under part B of title XVIII
        of such Act, an explanation of such qualification, entitlement,
        or eligibility;
            ``(3) an explanation of the types of benefits required to
        be provided under such plans and other protections applicable
        under such plans (such as limitations on cost sharing) compared
        to the benefits provided, and cost-sharing requirements
        imposed, under such ministry; and
            ``(4) an explanation that such ministry is not a group
        health plan or health insurance coverage and that benefits
        provided under such ministry are not guaranteed.
    ``(e) Enforcement.--In the case that the Secretary determines that
a health care sharing ministry has failed to meet a requirement of this
section, the Secretary may impose a civil monetary penalty on such
ministry in an amount not to exceed $100 for each day for each
individual with respect to which such a failure occurs. The provisions
of subparagraphs (C) through (G) of paragraph (2) of section 2723 shall
apply to a civil monetary penalty imposed under this subsection in the
same manner as such provisions apply to a civil monetary penalty
imposed under such section.
    ``(f) Definitions.--For purposes of this section, the Secretary may
specify the meaning of any term used in relation to a health care
sharing ministry and clarify the applicability of such term to such a
ministry.''.
    (b) Disclosures by Federal Trade Commission Regarding Consumer
Complaints.--
            (1) In general.--Not later than January 1 and July 1 of
        each year, the Federal Trade Commission shall publicly disclose
        on the Internet website of the Commission, and transmit to the
        Secretary of Health and Human Services and the Commissioner of
        Internal Revenue--
                    (A) the number of consumer complaints regarding
                health care sharing ministries (as defined in section
                5000A(d)(2)(B)(ii) of the Internal Revenue Code of
                1986) received by the Commission during the period
                covered by the disclosure;
                    (B) the general categories (as determined by the
                Commission) of the complaints described in subparagraph
                (A); and
                    (C) with respect to each complaint described in
                subparagraph (A)--
                            (i) the name of the health care sharing
                        ministry against which the complaint was made;
                        and
                            (ii) such details as the Commission
                        considers appropriate regarding the ownership,
                        operation, and executive leadership of such
                        ministry.
            (2) Timing of initial disclosure.--Paragraph (1) shall
        apply beginning on the January 1 or July 1 that first occurs
        after the date that is 90 days after the date of the enactment
        of this Act.
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