text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Hospital Price Disclosure Act of 
  2005''.
  
  SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL AND AMBULATORY SURGICAL CENTER 
                DATA.
  
      (a) Requirement.--
              (1) Hospitals.--Subsection (a)(1) of section 1866 of the 
          Social Security Act (42 U.S.C. 1395cc) is amended--
                      (A) in subparagraph (U), by striking ``and'' at the 
                  end;
                      (B) in subparagraph (V), by striking the period at 
                  the end and inserting ``, and''; and
                      (C) by inserting after subparagraph (V) the 
                  following new subparagraph:
              ``(W) in the case of a hospital, to report to the Secretary 
          data in accordance with subsection (k)(1) and to post notice 
          regarding such data in accordance with subsection (k)(2)(B).''.
              (2) Ambulatory surgical centers.--Section 1832(a)(2)(F)(i) 
          of such Act (42 U.S.C. 1395k(a)(2)(F)(i)) is amended by 
          inserting after ``other standards'' the following: ``, 
          including the reporting to the Secretary of data in accordance 
          with section 1866(k)(1) and the posting of notice regarding 
          such data in accordance with section 1866(k)(2)(B)''.
      (b) Data Reporting by Hospitals and Ambulatory Surgical Centers for 
  Certain Inpatient and Outpatient Procedures and Inpatient Drugs.--
  Section 1866 of such Act (42 U.S.C. 1395cc) is further amended by 
  adding at the end the following new subsection:
      ``(k) Data Reporting by Hospitals and Ambulatory Surgical Centers 
  and Public Posting.--
              ``(1) Quarterly reporting requirement.--Not later than 45 
          days after the end of each calendar quarter (beginning more 
          than one year after the date of the enactment of this 
          subsection), a hospital shall report to the Secretary, for each 
          procedure or drug selected under paragraph (3), and an 
          ambulatory surgical center shall report to the Secretary, for 
          each procedure selected under paragraph (3)(A)(ii), the 
          following data:
                      ``(A) The frequency with which the hospital 
                  performed the procedure, or administered the drug in an 
                  inpatient setting, or the center performed the 
                  procedure during such quarter.
                      ``(B) If the procedure was performed or the drug 
                  was so administered during such quarter, the average 
                  and the median of the price charged by the hospital or 
                  center for such procedure or drug during such quarter.
              ``(2) Public availability of data.--
                      ``(A) 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 paragraph (1). Such data shall be set 
                  forth in a manner that promotes price comparison among 
                  hospitals and ambulatory surgical centers.
                      ``(B) Notice of availability.--A hospital and 
                  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 
                  paragraph (1) on the official public Internet site 
                  under subparagraph (A).
              ``(3) Selection of procedures and drugs.--
                      ``(A) Initial selection.--Based on national data, 
                  the Secretary shall select the following:
                              ``(i) The 25 most frequently performed 
                          hospital inpatient procedures.
                              ``(ii) The 25 most frequently performed 
                          hospital outpatient procedures.
                              ``(iii) The 50 most frequently administered 
                          drugs in a hospital inpatient setting.
                      ``(B) Updating selection.--The Secretary shall 
                  periodically update the procedures and drugs selected 
                  under subparagraph (A).
              ``(4) Civil money penalty.--The Secretary may impose a 
          civil money penalty of not more than $10,000 for each knowing 
          violation of the provisions of paragraph (1) or (2)(B) by a 
          hospital or ambulatory surgical center. A civil money penalty 
          under this paragraph shall be imposed and collected in the same 
          manner as a civil money penalty under subsection (a) of section 
          1128A is imposed and collected under that section.
              ``(5) Administrative provisions.--
                      ``(A) Classification of procedures.--For purposes 
                  of this subsection, the Secretary shall establish rules 
                  for the classification of different procedures and for 
                  the assignment of items and services to those 
                  procedures.
                      ``(B) Computation of average and median prices.--
                  For purposes of paragraph (1), the computation of an 
                  average and median price for a procedure or drug shall 
                  be in accordance with a methodology prescribed by the 
                  Secretary. Such methodology may provide for reporting 
                  by the hospital or ambulatory surgical center of unit 
                  prices for specific items and services included in a 
                  procedure, including appropriate per diem prices, and a 
                  method of converting such unit prices for a procedure 
                  to an average and median price for such procedure.
                      ``(C) Form of report and notice.--The Secretary 
                  shall specify the electronic form and manner by which a 
                  hospital or ambulatory surgical center shall report 
                  data under paragraph (1) and the form for posting of 
                  notices under paragraph (2)(B).
              ``(6) Non-preemption of state laws.--Nothing in this 
          subsection shall be construed as preempting or otherwise 
          affecting any provision of State law relating to the disclosure 
          of price or other information for a hospital or ambulatory 
          surgical center.
              ``(7) Drug defined.--For purposes of this subsection, the 
          term `drug' includes a biological and a non-prescription drug, 
          such as an ointment. ''.
target: Hospital Price Disclosure Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to require the public disclosure of prices for hospital and ambulatory surgical center procedures and drugs.
feat_title: To amend title XVIII of the Social Security Act to provide for the public disclosure of prices for hospital and ambulatory surgical center procedures and drugs.