Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · BILL · 117th Congress · S. 5093 (Introduced in Senate) — To further protect patients and improve the accuracy of provider directory information by eliminating ghost networks. · Sec. 2

Sec. 2. Protecting patients and improving the accuracy of provider directory information

5,684 words·~26 min read·/bill/117/s/5093/is/section-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 2799A–5 of the Public Health Service Act ( 42 U.S.C. 300gg–115 ) is amended— in subsection (a)— in paragraph (1)— by striking For plan years beginning on or after January 1, 2022, each and inserting Each ; in subparagraph (C), by striking ; and and inserting a semicolon; in subparagraph (D), by striking the period and inserting ; and ; and by adding at the end the following: ensure that any directory, including the database described in subparagraph (C), containing provider directory information with respect to such plan or such coverage complies with the requirements developed by the appropriate agencies in accordance with paragraph
(6)in order to ensure that participants, beneficiaries, and enrollees are able to identify actively participating health care providers and health care facilities. ; in paragraph (2)(A), by striking 90 days and inserting 30 days ; in paragraph (3)— in the matter preceding subparagraph (A), by striking , in the case such request is made through a telephone call ; and in subparagraph (A), by striking call is received, through a written electronic or print (as requested by such individual) communication and inserting a request is received, by telephone, or through a written electronic or print communication (as requested by such individual) ; in paragraph (4)— in subparagraph (A), by striking and at the end; in subparagraph (B), by striking the period and inserting ; and ; and by adding at the end the following: information, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection
(b)in the event of reliance on inaccurate provider network information supplied by a group health plan or health insurance issuer, and contact information for the State consumer assistance program or ombudsman for more information. ; in paragraph (5), by adding at the end the following: Such information shall include a statement, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection
(b)in the event of reliance on inaccurate provider directory information supplied by a group health plan or health insurance issuer, and contact information for the State consumer assistance program or ombudsman for more information. ; by redesignating paragraphs
(6)and
(7)as paragraphs
(8)and (9), respectively; by inserting after paragraph
(5)the following: The Secretary, in collaboration with the Secretary of Labor and the Secretary of the Treasury, shall— not later than 180 days after the date of enactment of the Behavioral Health Network and Directory Improvement Act , issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) further defining the term ghost network (as defined in paragraph (8)); and not later than 18 months after the date of enactment of the Behavioral Health Network and Directory Improvement Act , issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code), subregulatory guidance, or program instruction on how to assess ghost networks in health plan directories including reasonable assumptions related to statistics and research methods. Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , each group health plan and health insurance issuer offering group or individual health insurance coverage shall submit to the Secretary, at such time as the Secretary, in coordination with the Secretary of Labor and the Secretary of the Treasury, shall require, but not less frequently than annually, the directory data described in paragraph (a)(4), in a machine readable format (as defined in section 147.210(a)(2)(xiv) of title 45, Code of Federal Regulations (or any successor regulations)). The Secretary, in coordination with the Secretary of Labor and the Secretary of the Treasury, shall make data submitted under this subparagraph available on a public website. Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , each group health plan and health insurance issuer offering group or individual health insurance coverage shall conduct an annual directory audit, through an independent entity not associated with the health plan or issuer, that considers the factors described in clause (ii)(I)(aa) and follows the guidelines developed under clause (ii)(I)(bb). For purposes of carrying out the audits under this subparagraph, the Secretary shall— develop a list of factors to be considered; and provide guidelines for carrying out such audits, for use by group health plans and health insurance issuers, on— the reasonable assumptions and research methods to select a reasonable sample in order to assess provider directory information accuracy; and determining the criteria of an eligible auditor. The factors under subclause (I)(aa) shall include the following: A list of every health care provider and health care facility that was part of the network of the applicable plan or coverage, the months during the plan year during which each such provider or facility was part of the network, and the number of participants, beneficiaries, and enrollees in the plan or coverage (including participants, beneficiaries, and enrollees who are new patients of the provider) each such provider or facility treated during such period. The proportion of directory listings of the plan or coverage with inaccurate information, including incorrect contact information, including incorrect contact information, as specified by the Secretary, during the audit period. The number of in-network items or services paid on behalf of participants, beneficiaries, and enrollees in the plan or coverage to providers or facilities who have a network provider contract with the health plan or issuer and were not listed in the directory of the health plan or health insurance coverage for the audit period. The resources of the plan or issuer to help participants, beneficiaries, and enrollees locate an accurately listed in-network provider who is accepting new patients. The proportion of participants, beneficiaries, and enrollees using out-of-network providers for mental health and substance use disorder services, and the proportion of participants, beneficiaries, and enrollees using out-of-network providers and facilities for medical and surgical services. Documentation that the plan or issuer verifies the accuracy of the provider directory information every 30 days. Other factors as determined by the Secretary. An audit under this subparagraph is complete if all of the following conditions are met: The audit report includes the following: A statement by the independent auditor that, to the best of the auditor's knowledge, the report is complete and accurate, and that reasonable assumptions related to statistics and research methods have been complied with. A statement explaining the assumptions, statistics, and methods used to select the sample and assess provider directory information accuracy. Such other information as the Secretary determines necessary. The group health plan or health insurer issuer makes the independent audit available on a public website. The Secretary, the Secretary of Labor, and the Secretary of the Treasury shall issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) concerning the national standards for conducting audits under this subparagraph, not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act . Beginning not later than the third plan year after the date of enactment of the Behavioral Health Network and Directory Improvement Act , the Secretary shall conduct annual audits to ensure compliance with the provider directory requirements of this subsection. Audits conducted by the Secretary under this subparagraph shall— assess the accuracy of the information provided in health plan directories required under this subsection, including the proportion of listings with incorrect information, the last date on which the behavioral health network of the group health plan or health insurance coverage was updated, and other information determined appropriate by the Secretary; and use reasonable assumptions related to statistics and research methods to identify a representative sample of listings for analysis and such methods as the Secretary determines appropriate, which may include retrospective analysis of billing data. The Secretary shall conduct annual audits of a total of not fewer than 10 group health plans or health insurance issuers offering group or individual health insurance coverage, as determined by the Secretary, that are the subjects of complaints about ghost networks or other complaints, or that are randomly selected by the Secretary. ; and in paragraph (8), as so redesignated— in the paragraph heading, by striking and inserting Definition ; Definitions by striking For purposes of this subsection, the term and inserting the following: “For purposes of this subsection: The term ; by striking health insurance coverage, the name and inserting “health insurance coverage— the name ; by striking the period and inserting ; and ; and by adding at the end the following: with respect to each such provider or facility— whether such provider or facility is accepting new patients; the languages spoken and the availability of language translators for specified languages at each health care facility listed in the directory; whether the provider or facility offers medication-assisted treatment for opioid use disorder; the State license number; the national provider identifier; the age groups served by the provider or facility, such as pediatric, adolescent, adult, or geriatric populations; whether such provider or facility offers in-person services, telehealth services, or both; and the cost-sharing tier, if applicable. The term ghost network means a group health plan or group or individual health insurance coverage for which the provider directory information describing the network of such plan or coverage— does not include accurate required information for purposes of making an appointment for in-network care within a reasonable time period; includes a meaningful number of providers and facilities (as specified by the Secretary, in coordination with the Secretary of Labor and the Secretary of the Treasury) in a specialty who are not accepting new patients within a time period specified by such secretaries; includes providers that are not part of the network; or omits providers that are part of the network. ; and in subsection (b)— in paragraph (1), by striking and if either of the criteria described in paragraph
(2)applies with respect to such participant, beneficiary, or enrollee and item or service ; and by striking paragraph
(2)and inserting the following: For purposes of paragraph (1), a group health plan or group or individual health insurance coverage offered by a health insurance issuer, on a regular basis, shall reconcile payment requests for items or services furnished by a nonparticipating provider or a nonparticipating facility and the posted provider directory database for the day the delivered item or service was provided. If a nonparticipating provider was listed as a participating provider in the directory, the group health plan or health insurance issuer shall notify the participant, beneficiary, or enrollee, in plain language, that the participant, beneficiary, or enrollee may be eligible for a refund from the group health plan or health insurance issuer if such participant, beneficiary, or enrollee paid the out of network cost-sharing and did not receive a refund under section 2799B–9(b). . Section 720 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185i ) is amended— in subsection (a)— in paragraph (1)— by striking For plan years beginning on or after January 1, 2022, each and inserting Each ; in subparagraph (C), by striking ; and and inserting a semicolon; in subparagraph (D), by striking the period and inserting ; and ; and by adding at the end the following: ensure that any directory, including the database described in subparagraph (C), containing provider directory information with respect to such plan or such coverage complies with the requirements developed by the appropriate agencies in accordance with paragraph
(6)in order to ensure that participants, beneficiaries, and enrollees are able to identify actively participating health care providers and health care facilities. ; in paragraph (2)(A), by striking 90 days and inserting 30 days ; in paragraph (3)— in the matter preceding subparagraph (A), by striking , in the case such request is made through a telephone call ; and in subparagraph (A), by striking call is received, through a written electronic or print (as requested by such individual) communication and inserting a request is received, by telephone, or through a written electronic or print communication (as requested by such individual) ; in paragraph (4)— in subparagraph (A), by striking and at the end; in subparagraph (B), by striking the period and inserting ; and ; and by adding at the end the following: information, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection
(b)in the event of reliance on inaccurate provider network information supplied by a group health plan or health insurance issuer, and contact information for the State consumer assistance program or ombudsman for more information. ; in paragraph (5), by adding at the end the following: Such information shall include a statement, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection
(b)in the event of reliance on inaccurate provider directory information supplied by a group health plan or health insurance issuer, and contact information for the State consumer assistance program or ombudsman for more information. ; by redesignating paragraphs
(6)and
(7)as paragraphs
(8)and (9), respectively; by inserting after paragraph
(5)the following: The Secretary, in collaboration with the Secretary of Labor and the Secretary of the Treasury, shall— not later than 180 days after the date of enactment of the Behavioral Health Network and Directory Improvement Act , issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) further defining the term ghost network (as defined in paragraph (8)); and not later than 18 months after the date of enactment of the Behavioral Health Network and Directory Improvement Act , issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code), subregulatory guidance, or program instruction on how to assess ghost networks in health plan directories including reasonable assumptions related to statistics and research methods. Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , each group health plan and health insurance issuer offering group health insurance coverage shall submit to the Secretary, at such time as the Secretary, in coordination with the Secretary of Health and Human Services and the Secretary of the Treasury, shall require, but not less frequently than annually, the directory data described in paragraph (a)(4), in a machine readable format (as defined in section 147.210(a)(2)(xiv) of title 45, Code of Federal Regulations (or any successor regulations)). The Secretary, in coordination with the Secretary of Health and Human Services and the Secretary of the Treasury, shall make data submitted under this subparagraph available on a public website. Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , each group health plan and health insurance issuer offering group health insurance coverage shall conduct an annual directory audit, through an independent entity not associated with the health plan or issuer, that considers the factors described in clause (ii)(I)(aa) and follows the guidelines developed under clause (ii)(I)(bb). For purposes of carrying out the audits under this subparagraph, the Secretary shall— develop a list of factors to be considered; and provide guidelines for carrying out such audits, for use by group health plans and health insurance issuers, on— the reasonable assumptions and research methods to select a reasonable sample in order to assess provider directory information accuracy; and determining the criteria of an eligible auditor. The factors under subclause (I)(aa) shall include the following: A list of every health care provider and health care facility that was part of the network of the applicable plan or coverage, the months during the plan year during which each such provider or facility was part of the network, and the number of participants, beneficiaries, and enrollees in the plan or coverage (including participants, beneficiaries, and enrollees who are new patients of the provider) each such provider or facility treated during such period. The proportion of directory listings of the plan or coverage with inaccurate information, including incorrect contact information, including incorrect contact information, as specified by the Secretary, during the audit period. The number of in-network items or services paid on behalf of participants, beneficiaries, and enrollees in the plan or coverage to providers or facilities who have a network provider contract with the health plan or issuer and were not listed in the directory of the health plan or health insurance coverage for the audit period. The resources of the plan or issuer to help participants, beneficiaries, and enrollees locate an accurately listed in-network provider who is accepting new patients. The proportion of participants, beneficiaries, and enrollees using out-of-network providers for mental health and substance use disorder services, and the proportion of participants, beneficiaries, and enrollees using out-of-network providers and facilities for medical and surgical services. Documentation that the plan or issuer verifies the accuracy of the provider directory information every 30 days. Other factors as determined by the Secretary. An audit under this subparagraph is complete if all of the following conditions are met: The audit report includes the following: A statement by the independent auditor that, to the best of the auditor's knowledge, the report is complete and accurate, and that reasonable assumptions related to statistics and research methods have been complied with. A statement explaining the assumptions, statistics, and methods used to select the sample and assess provider directory information accuracy. Such other information as the Secretary determines necessary. The group health plan or health insurer issuer makes the independent audit available on a public website. The Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) concerning the national standards for conducting audits under this subparagraph, not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act . Beginning not later than the third plan year after the date of enactment of the Behavioral Health Network and Directory Improvement Act , the Secretary shall conduct annual audits to ensure compliance with the provider directory requirements of this subsection. Audits conducted by the Secretary under this subparagraph shall— assess the accuracy of the information provided in health plan directories required under this subsection, including the proportion of listings with incorrect information, the last date on which the behavioral health network of the group health plan or health insurance coverage was updated, and other information determined appropriate by the Secretary; and use reasonable assumptions related to statistics and research methods to identify a representative sample of listings for analysis and such methods as the Secretary determines appropriate, which may include retrospective analysis of billing data. The Secretary shall conduct annual audits of a total of not fewer than 10 group health plans or health insurance issuers offering group health insurance coverage, as determined by the Secretary, that are the subjects of complaints about ghost networks or other complaints, or that are randomly selected by the Secretary. ; and in paragraph (8), as so redesignated— in the paragraph heading, by striking and inserting Definition ; Definitions by striking For purposes of this subsection, the term and inserting the following: “For purposes of this subsection: The term ; by striking health insurance coverage, the name and inserting “health insurance coverage— the name ; by striking the period and inserting ; and ; and by adding at the end the following: with respect to each such provider or facility— whether such provider or facility is accepting new patients; the languages spoken and the availability of language translators for specified languages at each health care facility listed in the directory; whether the provider or facility offers medication-assisted treatment for opioid use disorder; the State license number; the national provider identifier; the age groups served by the provider or facility, such as pediatric, adolescent, adult, or geriatric populations; whether such provider or facility offers in-person services, telehealth services, or both; and the cost-sharing tier, if applicable. The term ghost network means a group health plan or group health insurance coverage for which the provider directory information describing the network of such plan or coverage— does not include accurate required information for purposes of making an appointment for in-network care within a reasonable time period; includes a meaningful number of providers and facilities (as specified by the Secretary, in coordination with the Secretary of Health and Human Services and the Secretary of the Treasury) in a specialty who are not accepting new patients within a time period specified by such secretaries; includes providers that are not part of the network; or omits providers that are part of the network. ; and in subsection (b)— in paragraph (1), by striking and if either of the criteria described in paragraph
(2)applies with respect to such participant, beneficiary, or enrollee and item or service ; and by striking paragraph
(2)and inserting the following: For purposes of paragraph (1), a group health plan or group health insurance coverage offered by a health insurance issuer, on a regular basis, shall reconcile payment requests for items or services furnished by a nonparticipating provider or a nonparticipating facility and the posted provider directory database for the day the delivered item or service was provided. If a nonparticipating provider was listed as a participating provider in the directory, the group health plan or health insurance issuer shall notify the participant, beneficiary, or enrollee, in plain language, that the participant, beneficiary, or enrollee may be eligible for a refund from the group health plan or health insurance issuer if such participant, beneficiary, or enrollee paid the out of network cost-sharing and did not receive a refund under section 2799B–9(b) of the Public Health Service Act ( 42 U.S.C. 300gg–139 ). . Section 502(c)(10) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c)(10)(A) ) is amended— in the heading, by striking and inserting use of genetic information ; and use of genetic information and provider directory requirements in subparagraph (A)— by striking any plan sponsor of a group health plan and inserting any plan sponsor or plan administrator of a group health plan ; and by striking for any failure and all that follows through in connection with the plan. and inserting for any failure by such plan sponsor, plan administrator, or health insurance issuer, in connection with the plan— to meet the requirements of subsection (a)(1)(F), (b)(3), (c), or
(d)of section 702 or section 701 or 702(b)(1) with respect to genetic information; or to meet the requirements of section 720 with respect to provider directory information. . Section 502 of such Act ( 29 U.S.C. 1132 ) is amended— in subsection (a)(6), by striking or
(9)and inserting (9), or
(10); and in subsection (b)(3)— by striking subsections (c)(9) and (a)(6) and inserting subsections (c)(9), (c)(10), and (a)(6) ; by striking under subsection (c)(9)) and inserting under subsections (c)(9) and (c)(10)), and except with respect to enforcement by the Secretary of section 720 ; and by striking 706(a)(1) and inserting 733(a)(1) . The amendments made by subparagraph
(A)shall apply with respect to group health plans, or any health insurance issuer offering health insurance coverage in connection with such plan, for plan years beginning after the date that is 1 year after the date of enactment of this Act. Section 9820 of the Internal Revenue Code of 1986 is amended— in subsection (a)— in paragraph (1)— by striking For plan years beginning on or after January 1, 2022, each and inserting Each ; in subparagraph (C), by striking ; and and inserting a semicolon; in subparagraph (D), by striking the period and inserting ; and ; and by adding at the end the following: ensure that any directory, including the database described in subparagraph (C), containing provider directory information with respect to such plan complies with the requirements developed by the appropriate agencies in accordance with paragraph
(6)in order to ensure that participants, beneficiaries, and enrollees are able to identify actively participating health care providers and health care facilities. ; in paragraph (2)(A), by striking 90 days and inserting 30 days ; in paragraph (3)— in the matter preceding subparagraph (A), by striking , in the case such request is made through a telephone call ; and in subparagraph (A), by striking call is received, through a written electronic or print (as requested by such individual) communication and inserting a request is received, by telephone, or through a written electronic or print communication (as requested by such individual) ; in paragraph (4)— in subparagraph (A), by striking and at the end; in subparagraph (B), by striking the period and inserting ; and ; and by adding at the end the following: information, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection
(b)in the event of reliance on inaccurate provider network information supplied by a group health plan, and contact information for the State consumer assistance program or ombudsman for more information. ; in paragraph (5), by adding at the end the following: Such information shall include a statement, in plain language, concerning the rights of the participant, beneficiary, or enrollee to cost-sharing protections pursuant to subsection
(b)in the event of reliance on inaccurate provider directory information supplied by a group health plan, and contact information for the State consumer assistance program or ombudsman for more information. ; by redesignating paragraphs
(6)and
(7)as paragraphs
(8)and (9), respectively; by inserting after paragraph
(5)the following: The Secretary, in collaboration with the Secretary of Labor and the Secretary of Health and Human Services, shall— not later than 180 days after the date of enactment of the Behavioral Health Network and Directory Improvement Act , issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) further defining the term ghost network (as defined in paragraph (8)); and not later than 18 months after the date of enactment of the Behavioral Health Network and Directory Improvement Act , issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code), subregulatory guidance, or program instruction on how to assess ghost networks in health plan directories including reasonable assumptions related to statistics and research methods. Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , each group health plan shall submit to the Secretary, at such time as the Secretary, in coordination with the Secretary of Labor and the Secretary of Health and Human Services, shall require, but not less frequently than annually, the directory data described in paragraph (a)(4), in a machine readable format (as defined in section 147.210(a)(2)(xiv) of title 45, Code of Federal Regulations (or any successor regulations)). The Secretary, in coordination with the Secretary of Labor and the Secretary of Health and Human Services, shall make data submitted under this subparagraph available on a public website. Beginning not later than 3 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act , each group health plan shall conduct an annual directory audit, through an independent entity not associated with the health plan, that considers the factors described in clause (ii)(I)(aa) and follows the guidelines developed under clause (ii)(I)(bb). For purposes of carrying out the audits under this subparagraph, the Secretary shall— develop a list of factors to be considered; and provide guidelines for carrying out such audits, for use by group health plans, on— the reasonable assumptions and research methods to select a reasonable sample in order to assess provider directory information accuracy; and determining the criteria of an eligible auditor. The factors under subclause (I)(aa) shall include the following: A list of every health care provider and health care facility that was part of the network of the applicable plan, the months during the plan year during which each such provider or facility was part of the network, and the number of participants, beneficiaries, and enrollees in the plan (including participants, beneficiaries, and enrollees who are new patients of the provider) each such provider or facility treated during such period. The proportion of directory listings of the plan with inaccurate information, including incorrect contact information, including incorrect contact information, as specified by the Secretary, during the audit period. The number of in-network items or services paid on behalf of participants, beneficiaries, and enrollees in the plan to providers or facilities who have a network provider contract with the health plan and were not listed in the directory of the health plan for the audit period. The resources of the plan to help participants, beneficiaries, and enrollees locate an accurately listed in-network provider who is accepting new patients. The proportion of participants, beneficiaries, and enrollees using out-of-network providers for mental health and substance use disorder services, and the proportion of participants, beneficiaries, and enrollees using out-of-network providers and facilities for medical and surgical services. Documentation that the plan verifies the accuracy of the provider directory information every 30 days. Other factors as determined by the Secretary. An audit under this subparagraph is complete if all of the following conditions are met: The audit report includes the following: A statement by the independent auditor that, to the best of the auditor's knowledge, the report is complete and accurate, and that reasonable assumptions related to statistics and research methods have been complied with. A statement explaining the assumptions, statistics, and methods used to select the sample and assess provider directory information accuracy. Such other information as the Secretary determines necessary. The group health plan makes the independent audit available on a public website. The Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall issue interim final regulations (without prior notice and comment as required under section 553 of title 5, United States Code) concerning the national standards for conducting audits under this subparagraph, not later than 2 years after the date of enactment of the Behavioral Health Network and Directory Improvement Act . Beginning not later than the third plan year after the date of enactment of the Behavioral Health Network and Directory Improvement Act , the Secretary shall conduct annual audits to ensure compliance with the provider directory requirements of this subsection. Audits conducted by the Secretary under this subparagraph shall— assess the accuracy of the information provided in health plan directories required under this subsection, including the proportion of listings with incorrect information, the last date on which the behavioral health network of the group health plan was updated, and other information determined appropriate by the Secretary; and use reasonable assumptions related to statistics and research methods to identify a representative sample of listings for analysis and such methods as the Secretary determines appropriate, which may include retrospective analysis of billing data. The Secretary shall conduct annual audits of a total of not fewer than 10 group health plans, as determined by the Secretary, that are the subjects of complaints about ghost networks or other complaints, or that are randomly selected by the Secretary. ; and in paragraph (8), as so redesignated— in the paragraph heading, by striking and inserting Definition ; Definitions by striking For purposes of this subsection, the term and inserting the following: “For purposes of this subsection: The term ; by striking group health plan, the name and inserting “group health plan— the name ; by striking the period and inserting ; and ; and by adding at the end the following: with respect to each such provider or facility— whether such provider or facility is accepting new patients; the languages spoken and the availability of language translators for specified languages at each health care facility listed in the directory; whether the provider or facility offers medication-assisted treatment for opioid use disorder; the State license number; the national provider identifier; the age groups served by the provider or facility, such as pediatric, adolescent, adult, or geriatric populations; whether such provider or facility offers in-person services, telehealth services, or both; and the cost-sharing tier, if applicable. The term ghost network means a group health plan for which the provider directory information describing the network of such plan— does not include accurate required information for purposes of making an appointment for in-network care within a reasonable time period; includes a meaningful number of providers and facilities (as specified by the Secretary, in coordination with the Secretary of Labor and the Secretary of Health and Human Services) in a specialty who are not accepting new patients within a time period specified by such secretaries; includes providers that are not part of the network; or omits providers that are part of the network. ; and in subsection (b)— in paragraph (1), by striking and if either of the criteria described in paragraph
(2)applies with respect to such participant, beneficiary, or enrollee and item or service ; and by striking paragraph
(2)and inserting the following: For purposes of paragraph (1), a group health plan, on a regular basis, shall reconcile payment requests for items or services furnished by a nonparticipating provider or a nonparticipating facility and the posted provider directory database for the day the delivered item or service was provided. If a nonparticipating provider was listed as a participating provider in the directory, the group health plan shall notify the participant, beneficiary, or enrollee, in plain language, that the participant, beneficiary, or enrollee may be eligible for a refund from the group health plan if such participant, beneficiary, or enrollee paid the out of network cost-sharing and did not receive a refund under section 2799B–9(b) of the Public Health Service Act ( 42 U.S.C. 300gg–139 ). .
Connectionstraces to 2
2 references not yet in our index
  • 42 USC 300gg–115
  • 42 USC 300gg–139
Citation graph
cites case law
Sec. 2
Protecting patients and improving the accuracy of provider directory information
Cite42 USC 300gg–115
Cite42 USC 300gg–139
Cites 4Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.