Pub. L. 116-260, div. BB, tit. I, sec. 109 (as amended)

REPORTS.

Year: 2026Length: 749 wordsOfficial source
SEC. 109. REPORTS. (a) Reports in Consultation With FTC and AG.—Not later than January 1, 2023, and annually thereafter for each of the following 4 years, the Secretary of Health and Human Services, in consultation with the Federal Trade Commission and the Attorney General, shall— (1) conduct a study on the effects of the provisions of, including amendments made by, this Act on— (A) any patterns of vertical or horizontal integration of health care facilities, providers, group health plans, or health insurance issuers offering group or individual health insurance coverage; (B) overall health care costs; and (C) access to health care items and services, including specialty services, in rural areas and health professional shortage areas, as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e); (2) for purposes of the reports under paragraph (3), in consultation with the Secretary of Labor and the Secretary of the Treasury, make recommendations for the effective enforcement of subsections (a)(1)(C)(iv) and (b)(1)(C) of section 2799A-1 of the Public Health Service Act, subsections (a)(1)(C)(iv) and (b)(1)(C) of section 716 of the Employee Retirement Income Security Act of 1974, and subsections (a)(1)(C)(iv) and (b)(1)(C) of section 9816 of the Internal Revenue Code of 1986, including with respect to potential challenges to addressing anti-competitive consolidation of health care facilities, providers, group health plans, or health insurance issuers offering group or individual health insurance coverage; and (3) submit a report on such study and including such recommendations to the Committees on Energy and Commerce; on Education and Labor; on Ways and Means; and on the Judiciary of the House of Representatives and the Committees on Health, Education, Labor, and Pensions; on Commerce, Science, and Transportation; on Finance; and on the Judiciary of the Senate. (b) GAO Report on Impact of Surprise Billing Provisions.—Not later than January 1, 2025, the Comptroller General of the United States shall submit to Congress a report summarizing the effects of the provisions of this Act, including the amendments made by such provisions, on changes during the period since the date on the enactment of this Act in health care provider networks of group health plans and group and individual health insurance coverage offered by a health insurance issuer, in fee schedules and amounts for health care services, and to contracted rates under such plans or coverage. Such report shall— (1) to the extent practicable, sample a statistically significant group of national health care providers; (2) examine— (A) provider network participation, including nonparticipating providers furnishing items and services at participating facilities; (B) health care provider group network participation, including specialty, size, and ownership; (C) the impact of State surprise billing laws and network adequacy standards on participation of health care providers and facilities in provider networks of group health plans and of group and individual health insurance coverage offered by health insurance issuers; and (D) access to providers, including in rural and medically underserved communities and health professional shortage areas (as defined in section 332 of the Public Health Service Act), and the extent of provider shortages in such communities and areas; (3) to the extent practicable, sample a statistically significant group of national health insurance plans and issuers and examine— (A) the effects of the provisions of, including amendments made by, this Act on premiums and out-of-pocket costs with respect to group health plans or group or individual health insurance coverage; (B) the adequacy of provider networks with respect to such plans or coverage; and (C) categories of providers of ancillary services, as defined in section 2799B-2(b)(2) of the Public Health Service Act, for which such plans have no or a limited number of in-network providers; and (4) such other relevant effects of such provisions and amendments. (c) GAO Report on Adequacy of Provider Networks.—Not later than January 1, 2023, the Comptroller General of the United States shall submit to Congress, and make publicly available, a report on the adequacy of provider networks in group health plans and group and individual health insurance coverage, including legislative recommendations to improve the adequacy of such networks. (d) GAO Report on IDR Process and Potential Financial Relationships.—Not later than December 31, 2023, the Comptroller General of the United States shall conduct a study and submit to Congress a report on the IDR process established under this section. Such study and report shall include an analysis of potential financial relationships between providers and facilities that utilize the IDR process established by the amendments made by this Act and private equity investment firms.
Pub. L. 116-260, div. BB, tit. I, sec. 109 (as amended): REPORTS. | Justis AI