H.R. 8840

Fair Care Act of 2026

Sponsor: Bruce Westerman · 0 cosponsors

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I Modernization of health savings accounts

A Modernization of health savings accounts and contributions

B Assistance to health savings accounts

II Improving Private Health Insurance

A Maintaining Protections for Patients with Preexisting Conditions

B Expanding Coverage Options

C Improving Commercial Health Insurance

III Competition, Transparency and Accountability

A Provider and Insurer Competition

B Price Transparency

Sec. 325. Requiring 340B drug discount program reports by DSH hospital covered entities on low-income utilization rate of outpatient hospital services

(a) In general. Section 340B(d)(2) of the Public Health Service Act (42 U.S.C. 256b(d)(2)) is amended—

(1) in subparagraph (B)(i), by inserting before the period at the end the following: , including, with respect to such updates made on or after one year after the date of enactment of the Act, by requiring covered entities described in subsection (a)(4)(L) to submit (and to so regularly update) information described in subparagraph (C); and

(2) by adding at the end the following new subparagraph:

Text this section adds to the law

(C) Information on low-income utilization rate of outpatient hospital services

(i) In general. For purposes of subparagraph (B)(i), the information described in this subparagraph, with respect to a covered entity described in subsection (a)(4)(L) and an update under such subparagraph (B)(i), is—

(I) the low-income outpatient utilization rate of such covered entity for the most recent fiscal year; and

(II) the low-income outpatient utilization rate of off-site outpatient facilities, clinics, eligible off-site locations, and associated sites of such entity identified as child sites of such entity pursuant to the identification system under subparagraph (B)(iv) for the most recent fiscal year.

(ii) Low-income outpatient utilization rate defined. In this subparagraph, the term low-income outpatient utilization rate has the meaning given the term low-income utilization rate under paragraph (3) of section 1923(b) of the Social Security Act, except that—

(I) clauses (i) and (ii) of subparagraph (A) of such paragraph shall be applied as if—

(aa) each reference to patient services were a reference to patient services furnished on an outpatient basis; and

(bb) for purposes of clause (i)(II) of this subparagraph, each reference to hospital were a reference to off-site outpatient facilities, clinics, eligible off-site locations, and associated sites of the hospital that are identified as child sites of the hospital pursuant to the identification system under section 340B(d)(2)(B)(iv) of the Public Health Service Act; and

(II) clauses (i) and (ii) of subparagraph (B) of such paragraph shall be applied as if—

(aa) each reference to inpatient hospital services were a reference to outpatient hospital services; and

(bb) for purposes of clause (i)(II) each reference to hospital’s charges were a reference to charges of the off-site outpatient facilities, clinics, eligible off-site locations, and associated sites of the hospital that are identified as child sites of the hospital pursuant to the identification system under section 340B(d)(2)(B)(iv) of the Public Health Service Act.

(b) Annual reports. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator of the Health Resources and Services Administration shall submit to Congress a report on information submitted by covered entities for the previous year pursuant to the amendments made by subsection (a).

C Prescription Drug Competition and Innovation

D Prescription Drug and Pharmacy Benefit Manager Transparency

E Medicare and Medicaid Prescription Drug Reforms

F Medical Malpractice Reform

IV Medicare and Medicaid Reforms

A Medicaid Reforms

B Medicare Reforms

C Medicare Choice and Competition

D Telehealth Improvements and Expansion