II
119th CONGRESS
1st Session
S. 2497
IN THE SENATE OF THE UNITED STATES
July 29, 2025
Ms. Hassan (for herself and Mr. Marshall) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To amend title XVIII of the Social Security Act to require a separate identification number and an attestation for each off-campus outpatient department of a provider.
Short title
This Act may be cited as the Fair Billing Act
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Requiring a separate identification number and an attestation for each off-campus outpatient department of a provider
In general
Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is amended by adding at the end the following new paragraph:
Use of unique health identifiers; attestation
In general
No payment may be made under this subsection (or under an applicable payment system pursuant to paragraph (21)) for items and services furnished on or after January 1, 2026, by an off-campus outpatient department of a provider (as defined in subparagraph (C)) unless—
such department has obtained, and such items and services are billed under, a standard unique health identifier for health care providers (as described in section 1173(b)) that is separate from such identifier for such provider;
such provider has submitted to the Secretary, during the 2-year period ending on the date such items and services are so furnished, an initial provider-based status attestation that such department is compliant with the requirements described in section 413.65 of title 42, Code of Federal Regulations (or a successor regulation); and
after such provider has submitted an attestation under clause (ii), such provider has submitted a subsequent attestation within the timeframe specified by the Secretary.
Process for submission and review
Not later than 1 year after the date of enactment of this paragraph, the Secretary shall, through notice and comment rulemaking, establish a process for each provider with an off-campus outpatient department of a provider to submit an initial and subsequent attestation pursuant to clauses (ii) and (iii), respectively, of subparagraph (A), and for the Secretary to review each such attestation and determine, through site visits, remote audits, or other means (as determined appropriate by the Secretary), whether such department is compliant with the requirements described in such subparagraph.
Off-campus outpatient department of a provider defined
For purposes of this paragraph, the term off-campus outpatient department of a provider means a department of a provider (as defined in section 413.65 of title 42, Code of Federal Regulations, or any successor regulation) that is not located—
on the campus (as defined in such section) of such provider; or
within the distance (described in such definition of campus) from a remote location of a hospital facility (as defined in such section).
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HHS OIG analysis
Not later than January 1, 2030, the Inspector General of the Department of Health and Human Services shall submit to Congress—
an analysis of the process established by the Secretary of Health and Human Services to conduct the reviews and determinations described in section 1833(t)(23)(B) of the Social Security Act, as added by subsection (a) of this section; and
recommendations based on such analysis, as the Inspector General determines appropriate.