Sec. 1. Short title; table of contents
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This Act may be cited as the . Fair Care Act of 2024 The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Modernization of health savings accounts Subtitle A—Modernization of health savings accounts and contributions Sec. 101. Modernization of health savings accounts. Sec. 102. Unused premium tax credits may be deposited in health savings accounts. Sec. 103. Health Reimbursement Arrangements and Other Account-Based Group Health Plans.
Sec. 104. Cost-sharing reduction payments as eligible contributions. Sec. 105. Direct Primary Care. Subtitle B—Assistance to health savings accounts Sec. 111. One-time application of saver’s credit to contributions to health savings accounts. Sec. 112. Grants for health savings account assistance and outreach. Sec. 113. New corporations required to use health savings accounts. Sec. 114. Federal employee health benefits and health savings accounts. Title II—Improving Private Health Insurance Subtitle A—Maintaining Protections for Patients with Preexisting Conditions Sec. 201.
Guaranteed availability of coverage; prohibiting discrimination. Subtitle B—Expanding Coverage Options Sec. 211. Definition of employer under ERISA with respect to group health plans. Sec. 212. Short-term limited duration insurance. Subtitle C—Improving Commercial Health Insurance Sec. 221. Invisible Guaranteed Coverage Pool Reinsurance Program; tax on exchange plans. Sec. 222. Employer health insurance mandate repeal. Sec. 223. Refundable credits for coverage under a qualified health plan for individuals offered employer-sponsored insurance.
Sec. 224. Inclusion in income of certain costs of employer-provided coverage under health plans. Sec. 225. Change in permissible age variation in health insurance premium rates. Sec. 226. Premium assistance adjustment to reflect age. Sec. 227. Premium assistance. Sec. 228. Adding copper plans to Exchanges. Sec. 229. Copper and bronze plans. Sec. 230. Waivers for State innovation. Sec. 231. Enrollment periods. Sec. 232. State-operated Exchanges flexibility for open enrollment periods.
Sec. 233. Promoting health plans that cover individuals in more than one State. Title III—Competition, Transparency and Accountability Subtitle A—Provider and Insurer Competition Sec. 301. Hospital consolidation. Sec. 302. Authority of Federal Trade Commission over certain tax-exempt organizations. Sec. 303. Leveling the playing field between payers and providers. Sec. 304. Banning anticompetitive terms in facility and insurance contracts that limit access to higher quality, lower cost care.
Sec. 305. Repealing eligibility of certain ACOs. Sec. 306. Repeal of health care reform provisions limiting Medicare exception to the prohibition on certain physician referrals for hospitals. Sec. 307. Alternative payment model for certain shoppable procedures. Subtitle B—Price Transparency Sec. 321. Price transparency requirements. Sec. 322. Ensuring enrollee access to cost-sharing information. Sec. 323. Access of individuals to protected health information. Sec. 324. Timely bills for patients.
Sec. 325. Advisory group on reducing burden of hospital administrative requirements. Sec. 326. Data reporting to improve the transparency regarding how 340 B hospital covered entities provide care for patients. Sec. 327. Requiring 340 B drug discount program reports by DSH hospital covered entities on low-income utilization rate of outpatient hospital services. Sec. 328. Employer benefits reports. Sec. 329. Government Accountability Office study on profit- and revenue-sharing in health care.
Subtitle C—Prescription Drug Competition and Innovation Sec. 341. Expedited development and priority review for generic complex drug products. Sec. 342. Preventing blocking of generic drugs. Sec. 343. Ensuring timely access to generics. Sec. 344. Preemption of State barriers to the substitution of biosimilar products. Sec. 345. Increasing pharmaceutical options to treat an unmet medical need. Sec. 346. Conditional approval of new human drugs for individuals with rare, progressive, and serious diseases.
Sec. 347. Consolidating exclusivity periods for drugs treating rare diseases and conditions. Sec. 348. Exclusivity period for brand name biological products. Sec. 349. Regulation of manufacturer-sponsored co-pay contributions. Sec. 350. Antitrust exemption for private health insurance issuers to negotiate wholesale acquisition prices of prescription drugs purchased from drug manufacturers. Sec. 351. Biological product innovation. Sec. 352. Biosimilar biological products. Sec. 353.
Prompt approval of drugs related to safety information. Sec. 354. Congressional review of the Food and Drug Administration rulemaking. Sec. 355. Government Accountability Office study of rules. Subtitle D—Prescription Drug and Pharmacy Benefit Manager Transparency Sec. 361. Patent disclosure requirements. Sec. 362. Requirements with respect to prescription drug benefits. Sec. 363. PBM transparency and elimination of DIR fees. Sec. 364. Health plan oversight of pharmacy benefit manager services.
Sec. 365. Study by Comptroller General of United States. Subtitle E—Medicare and Medicaid Prescription Drug Reforms Sec. 371. Medicare part D modernization redesign. Sec. 372. Maximum monthly cap on cost-sharing payments under prescription drug plans and MA–PD plans. Sec. 373. Market based part B pricing index. Sec. 374. Innovation model testing of Medicare drug payments. Sec. 375. Modification of maximum rebate amount under Medicaid drug rebate program. Subtitle F—Medical Malpractice Reform Sec. 381.
Definitions. Sec. 382. Encouraging speedy resolution of claims. Sec. 383. Compensating patient injury. Sec. 384. Maximizing patient recovery. Sec. 385. Authorization of payment of future damages to claimants in health care lawsuits. Sec. 386. Product liability for health care providers. Sec. 387. Effect on other laws. Sec. 388. Limitation on expert witness testimony. Sec. 389. Expert witness qualifications. Sec. 390. Communications following unanticipated outcome. Sec. 391. Affidavit of merit.
Sec. 392. Notice of intent to commence lawsuit. Sec. 393. Limitation on liability for volunteer health care professionals. Sec. 394. Rules of construction. Sec. 395. Effective date. Title IV—Medicare and Medicaid Reforms Subtitle A—Medicaid Reforms Sec. 401. Medicaid payment reform. Sec. 402. Income limitations for refundable credits for coverage under a qualified health plan. Sec. 403. Medicaid eligibility determinations. Sec. 404. Lowering safe harbor threshold with respect to State taxes on health care providers.
Sec. 405. Providing for State approval and implementation of specified waivers under the Medicaid program. Sec. 406. Deduction for qualified charity care. Subtitle B—Medicare Reforms Sec. 411. Off-campus provider-based department Medicare site neutral payment. Sec. 412. Eliminating FEHBP eligibility for annuitants. Sec. 413. Elimination of Medicare eligibility for certain individuals. Sec. 414. Medicare part D tax deduction. Sec. 415. Repeal of net investment income tax. Sec. 416.
Medicare coverage of bad debt. Subtitle C—Medicare Choice and Competition Sec. 421. Competitive bidding and premiums under unified Medicare. Sec. 422. New unified eligibility and enrollment rules. Sec. 423. New benefit structure under unified Medicare. Sec. 424. Late enrollment penalty not to apply for months of any health coverage. Sec. 425. Medigap reform. Sec. 426. ACO revision. Sec. 427. Primary care options. Sec. 428. General provisions; effective date. Subtitle D—Telehealth Improvements and Expansion Sec. 431.
Expansion of coverage of telehealth services. Sec. 432. Expanding the use of telehealth through the waiver of certain requirements. Sec. 433. Expanding the use of telehealth for mental health services. Sec. 434. Use of telehealth in emergency medical care. Sec. 435. Improvements to the process for adding telehealth services. Sec. 436. Rural health clinics and Federally qualified health centers. Sec. 437. Native American health facilities. Sec. 438. Waiver of telehealth restrictions during national emergencies.
Sec. 439. Use of telehealth in recertification for hospice care. Sec. 440. Clarification for fraud and abuse laws regarding technologies provided to beneficiaries. Sec. 441. Study and report on increasing access to telehealth services in the home. Sec. 442. Analysis of telehealth waivers in alternative payment models. Sec. 443. Model to allow additional health professionals to furnish telehealth services. Sec. 444. Testing of models to examine the use of telehealth under the Medicare program.