Fair Telehealth Billing Act of 2026

Bill Number: H.R. 9431
Origin Chamber: House
Congress: 119th Congress, Session 2
Policy Area: Health
Status: Introduced
Latest Action: 2026-06-24: Referred to the House Committee on Education and Workforce.
Last Updated: 2026-07-09T10:57:14Z

AI-Generated Summary

This bill aims to prevent health care providers and facilities from charging extra "facility fees" for telehealth services when the provider is already allowed to bill directly for their professional work.
It focuses on updating rules under the Employee Retirement Income Security Act of 1974 (ERISA) to address billing practices in employer-sponsored health plans.

Short Title: The legislation is called the "Fair Telehealth Billing Act of 2026."
Main Prohibition: Adds a new section to ERISA stating that a health care provider or facility cannot bill a separate facility fee for telehealth services if the provider can bill independently for the professional services provided.
Enforcement Mechanism: Authorizes the Secretary of Labor to impose civil monetary penalties of up to $10,000 per violation against providers or facilities found in breach of the new rule.
Implementation: Requires the Secretary of Labor to issue rules to carry out the changes.
Effective Date: The core prohibition applies to telehealth services starting January 1, 2028.

Introduces a new Part 9 in Subtitle B of Title I of ERISA specifically addressing billing requirements for health care facilities and providers.
Expands the enforcement powers in ERISA Section 502 by adding references to the new violation and penalty authority.
Updates the table of contents in ERISA to include the new part and section.

On Government Agencies: Increases oversight responsibilities for the Department of Labor, which will handle enforcement through investigations and penalties.
On Citizens: May reduce out-of-pocket costs for individuals using telehealth under ERISA-covered plans by limiting extra facility charges.
On Health Care Providers and Facilities: Restricts certain billing practices for telehealth, potentially affecting revenue streams for those services.
On International Relations: No direct effects identified in the legislation.

Health care providers and facilities that offer telehealth services.
Participants and beneficiaries in employer-sponsored health plans governed by ERISA.
Employers that sponsor such plans.
The Department of Labor, responsible for rulemaking and enforcement.

The changes operate within the existing framework of ERISA, which regulates private employer benefit plans, without altering broader federal health laws.
Introduces civil penalties as a compliance tool, which could lead to administrative proceedings but does not involve criminal sanctions.
The delayed effective date allows time for preparation and rulemaking, potentially minimizing immediate disruptions.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.