Health ACCESS Act
- Bill Number
- S. 1140
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-03-26: Read twice and referred to the Committee on Finance.
- Last Updated
- 2026-04-08T13:07:09Z
AI-Generated Summary
Purpose of the Legislation
The Health Accelerating Consumer's Care by Expediting Self-Scheduling Act (Health ACCESS Act) aims to improve patient access to health care by reducing legal barriers for online platforms that help individuals find and schedule appointments with health care providers. It does this by creating a new exception to the federal anti-kickback law, which prohibits improper financial incentives in health care referrals, allowing fair payments to certain information services without violating the law.
Key Provisions
- New Exception to Anti-Kickback Statute: Amends Section 1128B(b) of the Social Security Act to add a safe harbor (protected exception) for payments from health care providers or suppliers (e.g., hospitals or medical equipment companies) to "information service providers" (web-based platforms like online directories or scheduling tools).
- Conditions for the Exception:
- The platform must not steer users toward specific providers based on payment amounts, offer medical advice or services, share user contact info without consent, arrange transportation, provide extra incentives to patients, or use targeted marketing (e.g., unsolicited calls or texts) to non-users or those who opted out.
- Payments must be set in advance, in writing, at fair market value, for specified services, and not based on the volume or value of referrals that could be covered by federal health programs (like Medicare).
- The platform must disclose its financial ties to participating providers, share info based on objective criteria (e.g., location, availability) focused on consumer needs, allow all qualifying providers to join without exclusion, and meet any additional rules set by the Secretary of Health and Human Services (HHS).
- Definitions:
- Consumer: An individual using the platform to search for providers or suppliers.
- Information Service Provider: Any person or company running a website that provides info on health care providers or suppliers to consumers.
Significant Changes to Existing Law
- Expands the anti-kickback statute's exceptions (under 42 U.S.C. 1320a-7b(b)(3)) by adding a new subparagraph (M) specifically for information services, which did not previously exist.
- Introduces new definitions in paragraph (5) to clarify terms for this context.
- These changes reorganize and update the existing list of exceptions without altering unrelated ones, focusing on modern web-based tools to facilitate access while preventing abuse.
Potential Impacts
- On Citizens/Patients: Could make it easier and faster to find and book health care appointments online, reducing barriers like phone wait times and improving access, especially for those in rural or underserved areas.
- On Government Agencies: HHS and the Centers for Medicare & Medicaid Services (CMS) may need to develop guidance or regulations to implement the new conditions, potentially increasing oversight of digital health platforms to ensure compliance and prevent fraud.
- On Health Care Providers and Suppliers: Allows them to pay for legitimate online visibility without legal risk, potentially boosting patient volume, but requires adherence to transparency and fairness rules.
- No Apparent International Relations Impact: The bill focuses on domestic U.S. health care programs and does not address foreign entities or cross-border issues.
Main Stakeholders Affected
- Patients and Consumers: Benefit from easier access to provider information and scheduling.
- Health Care Providers and Suppliers: Can participate in platforms to reach more patients, but must follow payment and disclosure rules.
- Information Service Providers: Online platforms (e.g., apps or websites for doctor searches) gain legal clarity to accept payments, enabling business growth.
- Government Entities: HHS, CMS, and enforcement agencies like the Department of Justice, which oversee anti-kickback compliance and may see shifts in fraud investigations.
- Federal Health Programs: Programs like Medicare and Medicaid, as the exception protects against incentives tied to their reimbursements.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens anti-fraud protections by specifying conditions to avoid kickbacks (illegal inducements for referrals), potentially reducing litigation over digital health tools while expanding safe harbors. Courts may reference this in interpreting "fair market value" or "objective criteria."
- Constitutional Implications: None directly; it aligns with Congress's authority to regulate federal health programs under the Spending Clause.
- Political Implications: Bipartisan sponsorship (Republican Sen. Cassidy and Democratic Sen. Padilla) suggests broad support for modernizing health care access amid growing use of digital tools post-pandemic. Referred to the Senate Finance Committee, it could influence broader telehealth or anti-fraud reforms if passed.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2025-03-26: Read twice and referred to the Committee on Finance.
- 2025-03-26: Introduced in Senate
Bill Versions
- Health Accelerating Consumer’s Care by Expediting Self-Scheduling Act — issued 2025-03-26 — PDF (5 pages)