H.R. 8840

Fair Care Act of 2026

Sponsor: Bruce Westerman · 0 cosponsors

Where it stands

Introduced May 14
Committee Now
House of Representatives —
Senate —
Law —

Introduced May 14
Committee Now
House of Representatives —
Senate —
Law —

Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Workforce, the Judiciary, Oversight and Government Reform, Rules, the Budget, Armed Services, and House Administration, 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. (May 14)

Votes

No roll-call votes yet.

Official summary

No official summary yet.

Text of the bill

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Sec. 1. Short title; table of contents

I Modernization of health savings accounts

A Modernization of health savings accounts and contributions

Sec. 101. Modernization of health savings accounts

Sec. 102. Unused premium tax credits may be deposited in health savings accounts

Sec. 103. Health Reimbursement Arrangements and Other Account-Based Group Health Plans

Sec. 104. Cost-sharing reduction payments as eligible contributions

B Assistance to health savings accounts

Sec. 111. One-time application of saver’s credit to contributions to health savings accounts

Sec. 112. Grants for health savings account assistance and outreach

Sec. 113. New corporations required to use health savings accounts

Sec. 114. Federal employee health benefits and health savings accounts

II Improving Private Health Insurance

A Maintaining Protections for Patients with Preexisting Conditions

Sec. 201. Guaranteed availability of coverage; prohibiting discrimination

B Expanding Coverage Options

Sec. 211. Definition of employer under ERISA with respect to group health plans

Sec. 212. Short-term limited duration insurance

C Improving Commercial Health Insurance

Sec. 221. Invisible Guaranteed Coverage Pool Reinsurance Program; tax on exchange plans

Sec. 222. Employer health insurance mandate repeal

Sec. 223. Refundable credits for coverage under a qualified health plan for individuals offered employer-sponsored insurance

Sec. 224. Inclusion in income of certain costs of employer-provided coverage under health plans

Sec. 225. Change in permissible age variation in health insurance premium rates

Sec. 226. Premium assistance adjustment to reflect age

Sec. 227. Premium assistance

Sec. 228. Adding copper plans to Exchanges

Sec. 229. Copper and bronze plans

Sec. 230. Waivers for State innovation

Sec. 231. Enrollment periods

Sec. 232. State-operated Exchanges flexibility for open enrollment periods

Sec. 233. Promoting health plans that cover individuals in more than one State

III Competition, Transparency and Accountability

A Provider and Insurer Competition

Sec. 301. Hospital consolidation

Sec. 302. Authority of Federal Trade Commission over certain tax-exempt organizations

Sec. 303. Leveling the playing field between payers and providers

Sec. 304. Banning anticompetitive terms in facility and insurance contracts that limit access to higher quality, lower cost care

Sec. 305. Repealing eligibility of certain ACOs

Sec. 306. Repeal of health care reform provisions limiting Medicare exception to the prohibition on certain physician referrals for hospitals

Sec. 307. Alternative payment model for certain shoppable procedures

B Price Transparency

Sec. 321. Price transparency requirements

Sec. 322. Access of individuals to protected health information

Sec. 323. Advisory group on reducing burden of hospital administrative requirements

Sec. 324. Data reporting to improve the transparency regarding how 340B hospital covered entities provide care for patients

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

Sec. 326. Employer benefits reports

Sec. 327. Government Accountability Office study on profit- and revenue-sharing in health care

C Prescription Drug Competition and Innovation

Sec. 341. Expedited development and priority review for generic complex drug products

Sec. 342. Preventing blocking of generic drugs

Sec. 343. Ensuring timely access to generics

Sec. 344. Preemption of State barriers to the substitution of biosimilar products

Sec. 345. Increasing pharmaceutical options to treat an unmet medical need

Sec. 346. Conditional approval of new human drugs for individuals with rare, progressive, and serious diseases

Sec. 347. Consolidating exclusivity periods for drugs treating rare diseases and conditions

Sec. 348. Exclusivity period for brand name biological products

Sec. 349. Regulation of manufacturer-sponsored co-pay contributions

Sec. 350. Antitrust exemption for private health insurance issuers to negotiate wholesale acquisition prices of prescription drugs purchased from drug manufacturers

Sec. 351. Biological product innovation

Sec. 352. Biosimilar biological products

Sec. 353. Prompt approval of drugs related to safety information

Sec. 354. Congressional review of the Food and Drug Administration rulemaking

Sec. 355. Government Accountability Office study of rules

Sec. 356. Provisional approval of new human drugs

D Prescription Drug and Pharmacy Benefit Manager Transparency

Sec. 361. Patent disclosure requirements

Sec. 362. Requirements with respect to prescription drug benefits

Sec. 363. PBM transparency and elimination of DIR fees

Sec. 364. Health plan oversight of pharmacy benefit manager services

Sec. 365. Study by Comptroller General of the United States

E Medicare and Medicaid Prescription Drug Reforms

Sec. 371. Market based part B pricing index

Sec. 372. Innovation model testing of Medicare drug payments

F Medical Malpractice Reform

Sec. 381. Definitions

Sec. 382. Encouraging speedy resolution of claims

Sec. 383. Compensating patient injury

Sec. 384. Maximizing patient recovery

Sec. 385. Authorization of payment of future damages to claimants in health care lawsuits

Sec. 386. Product liability for health care providers

Sec. 387. Effect on other laws

Sec. 388. Limitation on expert witness testimony

Sec. 389. Expert witness qualifications

Sec. 390. Communications following unanticipated outcome

Sec. 391. Affidavit of merit

Sec. 392. Notice of intent to commence lawsuit

Sec. 393. Limitation on liability for volunteer health care professionals

Sec. 394. Rules of construction

(a) Health care lawsuits. Unless otherwise specified in this subtitle, the provisions governing health care lawsuits set forth in this subtitle preempt, subject to subsections (b) and (c), State law to the extent that State law prevents the application of any provisions of law established by or under this subtitle. The provisions governing health care lawsuits set forth in this subtitle supersede chapter 171 of title 28, United States Code, to the extent that such chapter—

(1) provides for a greater amount of damages or contingent fees, a longer period in which a health care lawsuit may be commenced, or a reduced applicability or scope of periodic payment of future damages, than provided in this subtitle; or

(2) prohibits the introduction of evidence regarding collateral source benefits, or mandates or permits subrogation or a lien on collateral source benefits.

(b) Protection of States’ rights and other laws. Any issue that is not governed by any provision of law established by or under this subtitle (including State standards of negligence) shall be governed by otherwise applicable State or Federal law.

(c) State Flexibility. No provision of this subtitle shall be construed to preempt any defense available to a party in a health care lawsuit under any other provision of State or Federal law.

Sec. 395. Effective date

IV Medicare and Medicaid Reforms

A Medicaid Reforms

Sec. 401. Medicaid payment reform

Sec. 402. Income limitations for refundable credits for coverage under a qualified health plan

Sec. 403. Medicaid eligibility determinations

Sec. 404. Lowering safe harbor threshold with respect to State taxes on health care providers

Sec. 405. Providing for State approval and implementation of specified waivers under the Medicaid program

Sec. 406. Deduction for qualified charity care

B Medicare Reforms

Sec. 411. Off-campus provider-based department Medicare site neutral payment

Sec. 412. Eliminating FEHBP eligibility for annuitants