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S. 2497: Fair Billing Act

The Fair Billing Act (S. 2497) aims to amend part of the Social Security Act. It introduces new requirements for outpatient departments of healthcare providers that are located off-campus. Here are the key points of what the bill proposes:

New Identification Requirements

Starting from January 1, 2026, any off-campus outpatient department of a provider must:

  • Obtain a unique health identifier for their facility that is separate from the provider's main identifier.
  • Submit an initial attestation to the Secretary of Health and Human Services (HHS) to confirm that the department meets specific criteria set out in federal regulations.
  • After submitting the initial attestation, the provider must provide a subsequent attestation within a timeframe specified by the Secretary of HHS.

Establishment of Review Process

Within one year of the bill's enactment, the Secretary of HHS must set up a process that will:

  • Allow providers with off-campus departments to submit their attestations.
  • Enable the Secretary to review these attestations. This review may include site visits, remote audits, or other methods to ensure compliance with the new requirements.

Definition of Off-Campus Outpatient Department

For the purposes of this bill, an off-campus outpatient department is defined as a healthcare facility that:

Reporting Requirements

The Inspector General of the Department of Health and Human Services is required to submit an analysis to Congress by January 1, 2030. This analysis will cover:

  • The process established for reviewing attestations from off-campus outpatient departments.
  • Recommendations for improvements based on that analysis.

Implementation Timeline

The legislation has a specified timeline for implementation, particularly concerning the initial requirements set to take effect in early 2026.

Impact on Future Regulations

The bill may influence future healthcare regulations and the administrative processes involved in billing and compliance for outpatient services.

Relevant Companies

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Sponsors

2 bill sponsors

Actions

2 actions

Date Action
Jul. 29, 2025 Introduced in Senate
Jul. 29, 2025 Read twice and referred to the Committee on Finance.

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