Section 1 Short title
This Act may be cited as the “Better Health Care Directories Act”.
Better Health Care Directories Act
A BILL
To amend the Public Health Service Act, Internal Revenue Code of 1986, and Employee Retirement Income Security Act of 1974 to provide for provider directory improvements to enhance enrollee, participant, and beneficiary access to care.
Sec. 2 Provider directory improvements to enhance enrollee, participant, and beneficiary access
Provider directory information To include if provider is accepting new patients—
Group health plan and health insurance issuer requirement—
PHSA— Section 2799A–5(a)(6) of the Public Health Service Act (42 U.S.C. 300gg–115(a)(6)) is amended by inserting before the period at the end the following: “as well as information (which shall be updated at least annually) furnished to the plan by such provider or facility on whether such provider or facility is accepting new patients and, if so, if an in-person appointment or telehealth appointment (or either) is available for such patients”.
IRC— Section 9820(a)(6) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: “as well as information (which shall be updated at least annually) furnished to the plan by such provider or facility on whether such provider or facility is accepting new patients and, if so, if an in-person appointment or telehealth appointment (or either) is available for such patients”.
ERISA— Section 720(a)(6) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185i(a)(6)) is amended by inserting before the period at the end the following: “as well as information (which shall be updated at least annually) furnished to the plan by such provider or facility on whether such provider or facility is accepting new patients and, if so, if an in-person appointment or telehealth appointment (or either) is available for such patients”.
Provider requirement— Section 2799B–9(d) of the Public Health Service Act (42 U.S.C. 300gg–139(d)) is amended by inserting before the period at the end the following: “as well as information (which shall be updated at least annually) on whether such provider or facility is accepting new patients and, if so, if an in-person appointment or telehealth appointment (or either) is available for such patients”.
Effective date— The amendments made by this section shall apply for plan years beginning on or after January 1, 2025.
Machine readable format and public posting—
in paragraph (1)—
in subparagraph (C), by striking at the end “and”;
in subparagraph (D), by striking at the end the period and adding “; and”; and
by adding at the end the following new subparagraph:
“(E) for plan years beginning on or after January 1, 2025, annually submit the provider directory information under paragraph (6), with respect to such plan or coverage, to the Secretary in a machine-readable file (as defined in section 147.210(a)(2)(xiv) of title 45, Code of Federal Regulations, or any successor regulation).”
by adding at the end the following new paragraph:
“(8) Public posting by Secretary of provider directories—Beginning not later than July 1, 2025, the Secretary, in coordination with the Secretary of Labor and the Secretary of the Treasury, shall make the information submitted pursuant to paragraph (1)(E) available on a public Federal Government website.”
in paragraph (1)—
in subparagraph (C), by striking at the end “and”;
in subparagraph (D), by striking at the end the period and adding “; and”; and
by adding at the end the following new subparagraph:
“(E) for plan years beginning on or after January 1, 2025, annually submit the provider directory information under paragraph (6), with respect to such plan, to the Secretary in a machine-readable file (as defined in section 54.9815–2715A1(a)(2)(xiv) of title 26, Code of Federal Regulations, or any successor regulation).”
by adding at the end the following new paragraph:
“(8) Public posting by Secretary of provider directories—Beginning not later than July 1, 2025, the Secretary, in coordination with the Secretary of Labor and the Secretary of Health and Human Services, shall make the information submitted pursuant to paragraph (1)(E) available on a public Federal Government website.”
ERISA— Section 720(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185i(a)) is amended—
in paragraph (1)—
in subparagraph (C), by striking at the end “and”;
in subparagraph (D), by striking at the end the period and adding “; and”; and
by adding at the end the following new subparagraph:
“(E) for plan years beginning on or after January 1, 2025, annually submit the provider directory information under paragraph (6), with respect to such plan or coverage, to the Secretary in a machine-readable file (as defined in section 2590.715–2715A1(a)(2)(xiii) of title 29, Code of Federal Regulations, or any successor regulation).”
by adding at the end the following new paragraph:
“(8) Public posting by Secretary of provider directories—Beginning not later than July 1, 2025, the Secretary, in coordination with the Secretary of the Treasury and the Secretary of Health and Human Services, shall make the information submitted pursuant to paragraph (1)(E) available on a public Federal Government website.”
Implementation— The Secretaries of Labor, Health and Human Services, and the Treasury may implement the provisions of, including the amendments made by, this section through interim final rule, sub-regulatory guidance, program instruction, or otherwise.