I
116th CONGRESS
1st Session
H. R. 3386
IN THE HOUSE OF REPRESENTATIVES
June 20, 2019
Mr. Collins of New York introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend title XI of the Social Security Act to require hospitals and critical access hospitals to provide uninsured individuals with access to the lowest negotiated rate for items and services furnished to such individuals.
Short title
This Act may be cited as the Protect the Uninsured Act of 2019
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Requiring hospitals and critical access hospitals to provide uninsured individuals with access to the lowest negotiated rate for items and services furnished to such individuals
Section 1128A of the Social Security Act (42 U.S.C. 1320a–7a) is amended by adding at the end the following new subsection:
Any hospital or critical access hospital that, with respect to an item or service furnished by such hospital or critical access hospital to an uninsured individual (as defined in paragraph (2)) on or after the date that is 6 months after the date of the enactment of this subsection, holds such individual liable for an amount in excess of the lowest negotiated price (as defined in such paragraph) with respect to such item or service shall be subject to a civil monetary penalty in an amount equal to the difference between the amount such hospital or critical access hospital held such individual liable for with respect to such item or service and such lowest negotiated price. The provisions of subsections (c), (d), (g), and (h) shall apply to a civil monetary penalty under the preceding sentence in the same manner as such provisions apply to a penalty, assessment, or proceeding under subsection (a).
In this subsection:
The term lowest negotiated price
means, with respect to a hospital or critical access hospital and an item or service, the lowest recognized amount such hospital or critical access hospital has negotiated with any health insurance issuer or group health plan (as such terms are defined in section 2791 of the Public Health Service Act) with which such hospital or critical access hospital contracts for such item or service.
The term uninsured individual
means an individual who is not enrolled or otherwise covered under any health insurance coverage, group health plan, or Federal health care program (as defined in section 1128B(f)), or under the health insurance program under chapter 89 of title 5, United States Code.
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