text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Hospital Price Reporting and 
  Disclosure Act of 2005''.
  
  SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA.
  
      Part B of title II of the Public Health Service Act (42 U.S.C. 238 
  et seq.) is amended by adding at the end the following new section:
  
     ``data reporting by hospitals and ambulatory surgical centers and 
                               public posting
  
      ``Sec. 249. (a) Semiannual Reporting Requirement.--Not later than 
  80 days after the end of each semiannual period beginning January 1 or 
  July 1 (beginning more than one year after the date of the enactment of 
  this section), a hospital and an ambulatory surgical center shall 
  report to the Secretary the following data:
              ``(1) In the case of a hospital--
                      ``(A) the frequency with which the hospital 
                  performed each service selected under subparagraph (A) 
                  or (B) of subsection (c)(1) in an inpatient or 
                  outpatient setting, respectively, during such period;
                      ``(B) the frequency with which the hospital 
                  administered a drug selected under subparagraph (D) of 
                  such subsection in an inpatient setting during such 
                  period; and
                      ``(C) if the service was so performed or the drug 
                  was so administered during such period--
                              ``(i) the total number of times the service 
                          was so performed or the drug was so 
                          administered during such period; and
                              ``(ii) the average and the median charge by 
                          the hospital for such service or drug during 
                          such period; and
              ``(2) In the case of an ambulatory surgical center--
                      ``(A) the frequency with which the center performed 
                  each service selected under subparagraph (C) of 
                  subsection (c)(1) during such period; and
                      ``(B) if the service was so performed during such 
                  period--
                              ``(i) the total number of times the service 
                          was so performed during such period; and
                              ``(ii) the average and the median charge by 
                          the center for such service during such period.
      ``(b) Public Availability of Data.--
              ``(1) Public posting of data.--The Secretary shall promptly 
          post, on the official public Internet site of the Department of 
          Health and Human Services, the data reported under subsection 
          (a). Such data shall be set forth in a manner that promotes 
          charge comparison among hospitals and ambulatory surgical 
          centers.
              ``(2) Notice of availability.--A hospital and an ambulatory 
          surgical center shall prominently post at each admission site 
          of the hospital or center a notice of the availability of the 
          data reported under subsection (a) on the official public 
          Internet site under paragraph (1).
      ``(c) Selection of Services and Drugs.--For purposes of this 
  section:
              ``(1) Initial selection.--Based on national data, the 
          Secretary shall select the following:
                      ``(A) The 25 most frequently performed services in 
                  a hospital inpatient setting.
                      ``(B) The 25 most frequently performed services in 
                  a hospital outpatient setting.
                      ``(C) The 25 most frequently performed services in 
                  an ambulatory surgical center setting.
                      ``(D) The 50 most frequently administered drugs in 
                  a hospital inpatient setting.
              ``(2) Updating selection.--The Secretary shall periodically 
          update the services and drugs selected under paragraph (1).
      ``(d) Civil Money Penalty.--The Secretary may impose a civil money 
  penalty of not more than $10,000 for each knowing violation of 
  subsection (a) or (b)(2) by a hospital or an ambulatory surgical 
  center. The provisions of subsection (i)(2) of section 351A shall apply 
  with respect to civil money penalties under this subsection in the same 
  manner as such provisions apply to civil money penalties under 
  subsection (i)(1) of such section.
      ``(e) Administrative Provisions.--
              ``(1) In general.--The Secretary shall prescribe such 
          regulations and issue such guidelines as may be required to 
          carry out this section.
              ``(2) Classification of services.--The regulations and 
          guidelines under paragraph (1) shall include rules on the 
          classification of different services and the assignment of 
          items and procedures to those services.
              ``(3) Rules.--The regulations and guidelines under 
          paragraph (1) shall include rules regarding reporting of 
          inpatient diagnostic related groups (DRGs), outpatient 
          procedures and tests and classification of drugs. 
          Classification of drugs may include unit, strength, and dosage 
          information for reporting.
              ``(4) Computation of average and median charges.--
                      ``(A) In general.--The regulations and guidelines 
                  under paragraph (1) shall include a methodology for 
                  computing an average and median charge for a service or 
                  drug, in accordance with subparagraph (B).
                      ``(B) Methodology.--The methodology prescribed by 
                  the Secretary under subparagraph (A) shall ensure that 
                  an average and median charge for a service reflects the 
                  amount charged before any adjustment based on a 
                  negotiated rate with a third party.
              ``(5) Form of report and notice.--The regulations and 
          guidelines under paragraph (1) shall specify the electronic 
          form and manner by which a hospital or an ambulatory surgical 
          center shall report data under subsection (a) and the form for 
          posting of notices under subsection (b)(2).
      ``(f) Rules of Construction.--
              ``(1) Non-preemption of state laws.--Nothing in this 
          section shall be construed as preempting or otherwise affecting 
          any provision of State law relating to the disclosure of 
          charges or other information for a hospital or an ambulatory 
          surgical center.
              ``(2) Charges.--Nothing in this section shall be construed 
          to regulate or set hospital or ambulatory surgical center 
          charges.
      ``(g) Definitions.--In this section:
              ``(1) Hospital and ambulatory surgical center.--The terms 
          `hospital' and `ambulatory surgical center' have the meaning 
          given such terms by the Secretary.
              ``(2) Drug.--For purposes of this section, the term `drug' 
          includes a biological and a non-prescription drug, such as an 
          ointment.''.
target: Hospital Price Reporting and Disclosure Act of 2005 - Amends the Public Health Service Act to require a hospital or ambulatory surgical center to: (1) report data to the Secretary of Health and Human Services regarding the frequency of performing certain services and administering certain drugs and the charge by the hospital or center for such services or drugs; and (2) prominently post such information at each admission site. Requires the Secretary to: (1) publicly post such information in a manner that promotes charge comparisons among hospitals and centers; and (2) select which services or drugs are to be reported based on how frequently each service is performed or each drug is administered.
  
  Allows the Secretary to impose a civil monetary penalty for violations of this Act.
feat_title: To amend the Public Health Service Act to provide for the public disclosure of charges for certain hospital and ambulatory surgical center services and drugs.