Take Back Our Hospitals Act of 2026
- Bill Number
- H.R. 7920
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2026-03-12: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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.
- Last Updated
- 2026-04-22T08:07:24Z
AI-Generated Summary
Purpose
The Take Back Our Hospitals Act of 2026 (H.R. 7920) aims to bar Medicare payments to hospitals and skilled nursing facilities (SNFs) owned or controlled by private equity funds, corporations they control, or real estate investment trusts (REITs), to limit certain corporate ownership in Medicare-participating providers.
Key Provisions
- Prohibition on Payments: Medicare cannot pay hospitals or SNFs that are owned or controlled by a "covered firm" (private equity fund, corporation owned/controlled by such a fund, or REIT) or its affiliate.
- Exception: Facilities already owned by such firms on the enactment date have 3 years to divest or comply.
- Enforcement:
- Facilities in violation get notice, a hearing opportunity, and judicial review (similar to existing Medicare provider processes).
- Owning firms or affiliates face joint and several liability for penalties or obligations.
- Definitions (key terms explained):
- Affiliate: An entity that controls, is controlled by, or shares control with another.
- Control: Power to direct management, assets, or policies via ≥10% voting securities, contracts (beyond goods/services), or similar means.
- Private Equity Fund: An investment entity exempt from certain securities laws but acting as a controlling "person."
- REIT: A real estate investment trust, as defined in tax law (typically invests in income-producing real estate).
Significant Changes to Existing Law
- Adds new subsection (p) to Section 1862 of the Social Security Act (42 U.S.C. 1395y), which lists exclusions from Medicare payments.
- Introduces ownership-based eligibility restrictions never before applied to hospitals/SNFs in Medicare, targeting specific firm types.
Potential Impacts
- Government Agencies: Centers for Medicare & Medicaid Services (CMS) must enforce compliance, verify ownership/control, and handle hearings/penalties—increasing administrative workload.
- Citizens: Medicare beneficiaries (mainly seniors) may lose access to affected facilities, potentially disrupting care; could lead to facility sales or closures.
- No direct international relations impact noted.
- Broader effects: May reduce private equity/REIT investments in healthcare real estate/providers, altering market dynamics.
Main Stakeholders Affected
- Hospitals and SNFs owned/controlled by covered firms (must divest or lose Medicare revenue, ~80% of payments for many).
- Private equity funds, REITs, and affiliates (face exclusion from Medicare-funded operations).
- Medicare beneficiaries (access to care changes).
- CMS/HHS (enforcement role).
- Healthcare investors and operators (shift toward non-covered ownership models).
Notable Legal, Constitutional, or Political Implications
- Legal: Broad "control" definition (e.g., 10% voting stake) may invite disputes over application; joint liability strengthens enforcement but could lead to litigation.
- Constitutional: Provides due process via hearings/review, mitigating fairness concerns; potential equal protection challenges if seen as discriminating against ownership types.
- Political: Targets corporate (esp. private equity) influence in healthcare, reflecting debates on profit motives in patient care—no explicit funding or effective date beyond 3-year grace period.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Scanlon, Mary Gay [D-PA-5]
Cosponsors (10)
Rep. DeLauro, Rosa L. [D-CT-3], Rep. Deluzio, Christopher R. [D-PA-17], Rep. Jayapal, Pramila [D-WA-7], Rep. Moulton, Seth [D-MA-6], Rep. Thanedar, Shri [D-MI-13], Rep. Tlaib, Rashida [D-MI-12], Rep. Dean, Madeleine [D-PA-4], Rep. Grijalva, Adelita S. [D-AZ-7], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Omar, Ilhan [D-MN-5]
Recent Actions
- 2026-03-12: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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.
- 2026-03-12: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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.
- 2026-03-12: Introduced in House
- 2026-03-12: Introduced in House
Bill Versions
- Take Back Our Hospitals Act of 2026 — issued 2026-03-12 — PDF (5 pages)