Ways and Means Committee, Judiciary Committee, Energy and Commerce Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
This bill, known as the "Corporate Crimes Against Health Care Act," aims to curb exploitative practices by private equity and other corporate entities within the healthcare sector. It introduces significant new provisions, including criminal and civil penalties, for covered parties whose actions contribute to patient death or injury at a "target firm" following a triggering event . Specifically, it establishes an unjust enrichment clawback authority, allowing the Attorney General or State attorneys general to recover compensation obtained by covered parties from target firms up to 10 years before or after such an event. The clawback mechanism targets "covered compensation" acquired through unjust enrichment , defined by specific aggravating circumstances like dividend recapitalizations or charging fees for unrendered services. Funds recovered through these clawbacks are intended to cover shortfalls in employee salaries and benefits, and to serve the healthcare needs of the harmed community, prioritizing pension funds in cases of bankruptcy. An affirmative defense is available if a covered party can prove by clear and convincing evidence that they could not prevent the triggering event. The legislation also addresses the role of Real Estate Investment Trusts (REITs) in healthcare. It prohibits entities that sell assets to, or newly pledge assets as collateral for a loan with, a REIT from receiving payments from federal healthcare programs. Furthermore, the bill repeals special tax rules for taxable REIT subsidiaries with interests in healthcare property and eliminates qualified REIT dividends from qualified business income, thereby reducing certain tax benefits for REITs in the healthcare industry. A major component of the bill is the establishment of mandatory, comprehensive reporting requirements for specified entities within healthcare. These entities, including hospitals, health systems, and physician practices, must annually disclose detailed information on mergers, acquisitions, ownership changes, financial structures, and controlling entities. This reported data, which includes debt ratios, real estate leases, and fees paid to investors, will be made publicly available by the Secretary of Health and Human Services to enhance transparency. To ensure compliance and accuracy, the Secretary of HHS is mandated to conduct annual audits of a random sample of specified entities, with significant civil monetary penalties for non-compliance or false reporting. Finally, the bill directs the Inspector General of the Department of Health and Human Services to conduct a study evaluating profit-driven practices in healthcare delivery. This study will assess their impact on patient care quality, staff well-being, federal healthcare programs, and the adequacy of current anti-fraud policies.
Referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
This bill, known as the "Corporate Crimes Against Health Care Act," aims to curb exploitative practices by private equity and other corporate entities within the healthcare sector. It introduces significant new provisions, including criminal and civil penalties, for covered parties whose actions contribute to patient death or injury at a "target firm" following a triggering event . Specifically, it establishes an unjust enrichment clawback authority, allowing the Attorney General or State attorneys general to recover compensation obtained by covered parties from target firms up to 10 years before or after such an event. The clawback mechanism targets "covered compensation" acquired through unjust enrichment , defined by specific aggravating circumstances like dividend recapitalizations or charging fees for unrendered services. Funds recovered through these clawbacks are intended to cover shortfalls in employee salaries and benefits, and to serve the healthcare needs of the harmed community, prioritizing pension funds in cases of bankruptcy. An affirmative defense is available if a covered party can prove by clear and convincing evidence that they could not prevent the triggering event. The legislation also addresses the role of Real Estate Investment Trusts (REITs) in healthcare. It prohibits entities that sell assets to, or newly pledge assets as collateral for a loan with, a REIT from receiving payments from federal healthcare programs. Furthermore, the bill repeals special tax rules for taxable REIT subsidiaries with interests in healthcare property and eliminates qualified REIT dividends from qualified business income, thereby reducing certain tax benefits for REITs in the healthcare industry. A major component of the bill is the establishment of mandatory, comprehensive reporting requirements for specified entities within healthcare. These entities, including hospitals, health systems, and physician practices, must annually disclose detailed information on mergers, acquisitions, ownership changes, financial structures, and controlling entities. This reported data, which includes debt ratios, real estate leases, and fees paid to investors, will be made publicly available by the Secretary of Health and Human Services to enhance transparency. To ensure compliance and accuracy, the Secretary of HHS is mandated to conduct annual audits of a random sample of specified entities, with significant civil monetary penalties for non-compliance or false reporting. Finally, the bill directs the Inspector General of the Department of Health and Human Services to conduct a study evaluating profit-driven practices in healthcare delivery. This study will assess their impact on patient care quality, staff well-being, federal healthcare programs, and the adequacy of current anti-fraud policies.
Referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.