Overview

Title

To amend the Public Health Service Act to require the Secretary of Health and Human Services to enforce certain requirements with respect to for-profit corporations that own health care systems, and for other purposes.

ELI5 AI

The Health Over Wealth Act is like a rulebook for big companies that own hospitals, making them share details about how they work and spend money, so everyone knows what's going on. It also asks these companies to keep some extra money safe to make sure hospitals stay open and help people, even if things get tough.

Summary AI

The Health Over Wealth Act aims to amend the Public Health Service Act by requiring the Secretary of Health and Human Services to enforce transparency and accountability requirements for for-profit corporations and private equity firms involved in owning health care systems. The bill mandates detailed reporting on financial and ownership structures, health care access, labor practices, and political spending by these entities. It also establishes a task force to evaluate the effects of private equity and consolidation in health care and sets up mechanisms to maintain essential health services and manage risks related to private ownership. Additionally, it includes amendments to the United States Code to prioritize health care access during bankruptcy proceedings and adjust regulations around real estate investment and hospital closures.

Published

2024-07-25
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-07-25
Package ID: BILLS-118s4804is

Bill Statistics

Size

Sections:
13
Words:
10,722
Pages:
52
Sentences:
213

Language

Nouns: 3,062
Verbs: 765
Adjectives: 521
Adverbs: 56
Numbers: 427
Entities: 300

Complexity

Average Token Length:
4.06
Average Sentence Length:
50.34
Token Entropy:
5.33
Readability (ARI):
26.08

AnalysisAI

Congress is considering a bill named the Health Over Wealth Act aimed at increasing the transparency of for-profit corporations and private equity firms that own healthcare systems. This legislative measure proposes amendments to the Public Health Service Act to enforce strict reporting requirements and accountability measures to ensure that healthcare entities prioritize healthcare access and quality over profit.

General Summary of the Bill

The Health Over Wealth Act introduces extensive requirements for for-profit corporations and private equity firms involved in healthcare systems. The bill mandates detailed reporting of financial and ownership data, encouraging transparency and possibly enhancing the accountability of healthcare providers. It outlines risk mitigation strategies to ensure healthcare services are not compromised, such as requiring these firms to establish financial safeguards. Additionally, the bill proposes the creation of a task force to study the long-term impacts of private equity in the healthcare sector, addressing concerns about market consolidation. The bill, thus, attempts to influence how healthcare businesses operate, prioritizing patient care and safety over financial gains.

Significant Issues

A major concern with the bill is the extensive reporting requirements it imposes, potentially creating a heavy administrative burden and increased operational costs for companies in the healthcare sector. Companies might also face significant financial strain due to the mandated escrow accounts aimed at safeguarding health service provision. Moreover, the language used to define essential services and enforce compliance is broad, which might result in inconsistent application. Additionally, the prohibition on real estate investment trusts (REITs) in the healthcare sector could limit financing options for healthcare facilities, impacting their flexibility. Finally, the lack of a defined budget or oversight for the proposed task force raises questions about its potential reach and effectiveness.

Impact on the Public

Broadly speaking, the bill has the potential to enhance public accountability within the healthcare sector by making financial and operational data more accessible, potentially allowing patients and regulators to better understand healthcare entities' priorities. It seeks to protect the public by placing emphasis on maintaining healthcare access and quality. However, the increased administrative demands and financial safeguards could strain smaller healthcare providers, possibly leading to reduced services or increased healthcare costs passed on to consumers if these entities struggle to comply with the requirements.

Impact on Specific Stakeholders

For healthcare entities, especially smaller ones, this bill might pose considerable challenges. These businesses could face increased financial and operational stress due to the stringent requirements imposed. On the other hand, patients and advocacy groups might experience positive impacts as the bill emphasizes transparency and quality of care. The proposed task force may also yield long-term benefits by addressing systemic issues like healthcare disparities and fostering a more equitable healthcare system. However, the ambiguity in enforcement and potential overlap with existing state regulations could create legal complications, affecting how these entities operate across state lines.

In conclusion, while the Health Over Wealth Act aspires to increase accountability and safeguard healthcare quality, its significant demands and broad provisions might result in unintended strain on healthcare providers. Balancing transparency and operational feasibility will be crucial to ensure that the bill achieves its intended goals without negatively affecting stakeholders within the healthcare system.

Financial Assessment

The Health Over Wealth Act includes several financial references and allocations that reflect its approach to enforcing transparency and accountability in the health care ownership landscape.

Reporting and Administrative Costs

One significant aspect of the bill is the requirement for detailed financial reporting from for-profit corporations and private equity firms that own health care entities. This is discussed in Section 3402, which mandates covered firms to report various financial metrics, including debt levels, the amount of fees collected, and equity contributions by general and limited partners. The thoroughness of these reporting obligations can impose substantial administrative burdens and costs on these firms. This burden is particularly highlighted in the issues section, where the complexity and intrusiveness of such disclosures, especially involving political spending, could pose significant challenges for organizations.

Financial Penalties

The bill empowers the Secretary of Health and Human Services to impose civil monetary penalties of up to $10,000 per violation for non-compliance with the Act's requirements. These penalties are a financial tool intended to ensure compliance, but they also represent a potential financial risk for healthcare entities, particularly if the terms and enforcement of these penalties are not clearly defined, as noted in the issues section.

Risk Mitigation Mechanisms

Section 3403 introduces a mechanism that may require covered firms to establish an escrow account capable of covering operating and capital expenditures for a minimum of 5 years. While this is designed to mitigate the financial risks associated with closures or reductions in essential services, it represents a substantial financial obligation. For smaller healthcare providers, this could discourage investment, thereby impacting health care service provision, as highlighted by the issues section. The necessity to maintain such a fund could strain financial resources and potentially inhibit business growth or sustainability.

Funding for Health Initiatives

The bill also addresses fees related to licenses for private equity firms investing in health care, which are to be deposited into a special account. This account funds health initiatives like the National Health Service Corps, community health centers, and other workforce programs. This allocation seeks to redirect financial resources from private equity firms towards broader health care objectives, thereby supporting the public health infrastructure while imposing a financial responsibility on for-profit entities involved in health care.

Amendments to Bankruptcy Code

Section 4 of the bill amends how claims are prioritized in bankruptcy proceedings, adding a focus on protecting health care access. These changes reflect a financial commitment to ensuring that claims related to health care continue to be prioritized, potentially at the expense of other creditors. The amendments involve complex adjustments that might lead to misinterpretation or unintended consequences, as stated in the issues section, due to their technical nature.

Overall, the financial references in the Health Over Wealth Act represent a concerted effort to enhance transparency and accountability among private entities in the healthcare sector, though they also introduce substantial costs and financial risks that need careful consideration and management.

Issues

  • The reporting requirements imposed by SEC. 3402 can create a substantial administrative burden and cost for covered firms. These requirements include detailed disclosures, which could be seen as intrusive and potentially burdensome, particularly the disclosure of political spending and private agreements (SEC. 3402(b)(19)(20)).

  • The mechanism for risk mitigation under SEC. 3403 may place a significant financial burden on smaller healthcare providers. This mechanism, requiring an escrow account for 5 years of operating and capital expenses, could discourage investment in these entities.

  • The language surrounding 'essential services' in SEC. 3403(a)(1) and in other sections is broad and may lead to subjective enforcement, which might harm health care accessibility and quality due to inconsistencies in service availability and planning.

  • The prohibition on REITs in health care and requirement for review of sales or leases by the Secretary in SEC. 3403(b) could lead to reduced financing options for health care facilities, potentially impacting their operational flexibility and financial health.

  • The Task Force, as outlined in SEC. 3404, has vague authority over private equity and health care consolidation with no set budget or detailed regulatory checks, raising the potential for arbitrary decisions impacting multiple stakeholders.

  • Complex legal definitions and cross-referencing in SEC. 3401 and SEC. 3406 regarding entities, affiliates, and enforcement may increase legal risks and challenges due to lack of clarity, making comprehensive compliance difficult.

  • The amendment of the bankruptcy code in SEC. 4 makes extensive technical changes that might lead to misinterpretation or unintentional precedence without clear guidance on practical impacts and benefits.

  • The potential conflict between state and federal enforcement as described in SEC. 3406, especially where state laws differ, could create legal uncertainty for healthcare entities operating across state lines.

  • The bill's scope and the lack of a budget or funding limit for the research in SEC. 3407 could lead to inefficient allocation of resources with a risk of overspending on unclear or undefined research requirements.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states its short title, which is the “Health Over Wealth Act.”

2. Amendment to the Public Health Service Act Read Opens in new tab

Summary AI

The amendment to the Public Health Service Act adds new requirements for transparency and accountability in the ownership of health care entities. It mandates detailed reporting for for-profit corporations and private equity firms involved in health care, focuses on risk mitigation and the responsible use of real estate investment trusts, and tasks the creation of a group to study market influences. Enforcement measures include penalties for non-compliance, and research will be conducted on the impact of private equity and for-profit ownership on health care access and quality.

Money References

  • “(3) Information on the debt held by the private equity fund, including— “(A) the dollar amount of total debt; “(B) the percentage of debt for which the creditor is a financial institution in the United States; “(C) the percentage of debt for which the creditor is a financial institution outside of the United States; “(D) the percentage of debt for which the creditor is an entity that is located in the United States and is not a financial institution; and “(E) the percentage of debt for which the creditor is an entity that is located outside of the United States and is not a financial institution.
  • “(10) The total dollar amount of aggregate fees and expenses collected by the private equity fund, the manager of the fund, or related parties from covered firms with respect to the private equity fund, which shall— “(A) be categorized by the type of fee; and “(B) include a description of the purpose of the fees.
  • “(12) In dollars, the total amount of regulatory assets under management by the private equity fund.
  • “(13) In dollars, the total amount of net assets under management by the private equity fund.
  • a person is found by the Secretary to be in violation of this title, the Secretary may apply a civil monetary penalty with respect to such person in an amount not to exceed $10,000 per violation.

3401. Definitions Read Opens in new tab

Summary AI

The section provides definitions for key terms used in the title, including "affiliate," which refers to entities with significant voting power or operating control over another; "corporation," which covers various company structures like joint-stock companies and trusts; "covered firm," which is any for-profit corporation connected to a healthcare entity; "health care entity," which includes hospitals, physician practices, and other healthcare providers; and "private equity fund," which includes investment vehicles like venture capital and sovereign wealth funds that act as control persons.

3402. Health care ownership transparency Read Opens in new tab

Summary AI

The section establishes requirements for health care ownership transparency by mandating that specific health care firms report detailed financial and ownership information to the Secretary, who will in turn make this data publicly available and submit annual reports to Congress. The Secretary must ensure the requirements do not overlap with other laws and aim to reduce the reporting burden on the firms.

Money References

  • , the information described in this subsection is the following information with respect to each year of the previous 10-year period: (1) The percentage of the equity of the private equity fund contributed by— (A) the general partners of the fund; and (B) the limited partners of the fund. (2) The level of debt of the covered firm at the end of the applicable year. (3) Information on the debt held by the private equity fund, including— (A) the dollar amount of total debt; (B) the percentage of debt for which the creditor is a financial institution in the United States; (C) the percentage of debt for which the creditor is a financial institution outside of the United States; (D) the percentage of debt for which the creditor is an entity that is located in the United States and is not a financial institution; and (E) the percentage of debt for which the creditor is an entity that is located outside of the United States and is not a financial institution.
  • (10) The total dollar amount of aggregate fees and expenses collected by the private equity fund, the manager of the fund, or related parties from covered firms with respect to the private equity fund, which shall— (A) be categorized by the type of fee; and (B) include a description of the purpose of the fees.
  • (12) In dollars, the total amount of regulatory assets under management by the private equity fund.
  • (13) In dollars, the total amount of net assets under management by the private equity fund.

3403. Risk mitigation and accountability Read Opens in new tab

Summary AI

The section outlines measures to ensure that private equity firms owning or controlling health care entities cannot weaken health care services. It includes risk mitigation strategies, restrictions on real estate transactions that could harm financial stability or public health, licensing requirements for private equity firms investing in health care, and potential penalties for non-compliance.

3404. Task Force review of the role of private equity and consolidation in health care Read Opens in new tab

Summary AI

The bill establishes a Task Force led by the Secretary of Health to monitor the effects of private equity and market consolidation on the healthcare system, addressing disparities related to sex, race, and other factors. The Task Force will identify best practices, suggest legislative recommendations, and submit annual reports to Congress about changes that may harm healthcare access, quality, or safety.

3405. Corporate accountability Read Opens in new tab

Summary AI

The Secretary is tasked with running a program to collect data on organizations that fail to meet the obligations of this title, and the collected information must be shared with the National Practitioner Data Bank.

3406. Enforcement Read Opens in new tab

Summary AI

In this section, it explains that each state has the power to enforce the rules of this law on individuals in their area. If a state doesn't enforce these rules well, the Secretary can step in and enforce them by fining violators up to $10,000 for each violation. State laws will still apply unless they conflict with this law.

Money References

  • — (1) IN GENERAL.—If a person is found by the Secretary to be in violation of this title, the Secretary may apply a civil monetary penalty with respect to such person in an amount not to exceed $10,000 per violation.

3407. Research Read Opens in new tab

Summary AI

The section requires the Secretary to conduct or support research on various impacts related to healthcare, including the effects of banning for-profit corporation involvement, private equity investment, state laws on healthcare acquisitions, and compliance with federal ownership transparency requirements in the healthcare sector.

3. Prohibited acts by investment companies with respect to health care Read Opens in new tab

Summary AI

Investment companies are prohibited from taking actions that would harm the quality, safety, or accessibility of health care by stripping assets from health care entities. The regulatory body, in collaboration with the Secretary of Health and Human Services, will establish rules to prevent such harmful actions.

4. Amendments to title 11, United States Code Read Opens in new tab

Summary AI

This section updates the priorities for different types of claims in bankruptcy cases under title 11 of the United States Code by reorganizing the order of claims and making necessary technical changes to reflect this new order. Additionally, it introduces a requirement that when a debtor is a health care business, the confirmation of their bankruptcy plan must significantly consider regional health care access, quality, safety, and staff retention.

5. Maintenance of health care access relating to hospital discontinuation of services or closure Read Opens in new tab

Summary AI

Section 5 of this bill amends the Social Security Act to require hospitals to notify the Secretary at least 90 days before discontinuing services or fully closing, restrict the discontinuation of essential services unless there's a clear risk, and participate in a review process with the possibility of an alternative mitigation plan being developed if a closure or service halt impacts access to essential services. Additionally, certain exceptions apply in the event of unforeseen catastrophic events, and hospitals must accommodate a public comment period on potential impacts, with the Secretary submitting an annual report to Congress on hospital service discontinuations and closures.

6. Treatment of rents from qualified health care property Read Opens in new tab

Summary AI

The bill section modifies the Internal Revenue Code to include specific rents from qualified health care properties in a special tax treatment category. It also updates other sections of the code to reflect this change, and these amendments will be in effect for taxable years starting after the bill is enacted.