H.R. 8840
Fair Care Act of 2026
Sponsor: Bruce Westerman · 0 cosponsors
Official summary
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Text of the bill
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
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
(a) In general. Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
199B. Qualified charity care
(a) In general. There shall be allowed as a deduction for the taxable year an amount equal to—
(1) in the case of a direct primary care physician, an amount equal to the sum of—
(A) the fee (as published on a publicly available website of such physician) for physicians’ services that are qualified charity care furnished by such taxpayer during such year, and
(B) for each visit by a patient to such physician during which qualified charity care is furnished, half of so much of the lowest subscription fee of such physician that is attributable to a month, and
(2) in the case of any other individual, the unreimbursed Medicare-based value of qualified charity care furnished by such taxpayer during such year.
(b) Definitions. For purposes of this section:
(1) Unreimbursed medicare-based value. The term unreimbursed Medicare-based value means, with respect to physicians’ services, the amount payable for such services under the physician fee schedule established under section 1848 of the Social Security Act.
(2) Qualified charity care. The term qualified charity care means physicians’ services that are furnished—
(A) without expectation of reimbursement, and
(B) to an individual enrolled—
(i) under a State plan under title XIX of the Social Security Act (or a waiver of such plan), or
(ii) under a State child health plan under title XXI of the Social Security Act (or a waiver of such plan).
(3) Direct primary care physician. The term direct primary care physician means a physician (as defined in section 1861(r) of the Social Security Act) who provides primary care—
(A) to individuals who have paid a periodic subscription fee, and
(B) in exchange for a fee that is published on a publicly available website of such physician.
(4) Physicians’ services. The term physicians services’ has the meaning given such term by section 1861(q) of the Social Security Act.
(c) Limitation. The amount allowed as a deduction under subsection (a) for a taxable year shall not exceed the gross receipts attributable to physicians’ services furnished by the taxpayer during the taxable year.
(b) Clerical amendment. The table of sections for part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:
Sec. 199B. Qualified charity care.
B Medicare Reforms
C Medicare Choice and Competition
D Telehealth Improvements and Expansion