FAIR Act

Fair Access In Residency Act or the FAIR Act

This bill requires hospitals to certify that they accept residency applications from both osteopathic and allopathic medical schools and to disclose the number of applicants and acceptances from each type of program in order to receive graduate medical education payments under Medicare.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 751 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 751

    To amend title XVIII of the Social Security Act to require as a 
condition of satisfying the definition of an approved medical residency 
  training program for purposes of payments under Medicare for costs 
 related to graduate medical education for hospitals operating such a 
program to submit information to encourage more equitable treatment of 
osteopathic and allopathic candidates in the residency application and 
                review process, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2023

Mrs. Harshbarger (for herself, Ms. Pingree, Mr. Graves of Missouri, and 
Mr. Golden of Maine) introduced the following bill; which was referred 
to the Committee on Ways and Means, and in addition to the Committee on 
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

_______________________________________________________________________

                                 A BILL


 
    To amend title XVIII of the Social Security Act to require as a 
condition of satisfying the definition of an approved medical residency 
  training program for purposes of payments under Medicare for costs 
 related to graduate medical education for hospitals operating such a 
program to submit information to encourage more equitable treatment of 
osteopathic and allopathic candidates in the residency application and 
                review process, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Access In Residency Act'' or 
the ``FAIR Act''.

SEC. 2. ENCOURAGING MORE EQUITABLE TREATMENT OF OSTEOPATHIC AND 
              ALLOPATHIC CANDIDATES IN RESIDENCY APPLICATION AND REVIEW 
              PROCESS.

    (a) In General.--Section 1886(h)(5)(A) of the Social Security Act 
(42 U.S.C. 1395ww(h)(5)(A)) is amended by adding at the end the 
following: ``Such term shall not include a program operated by a 
hospital, with respect to a year (beginning with 2024), unless such 
hospital submits to the Secretary for such year--
                            ``(i) the number of applicants for 
                        residency in such program who are from 
                        osteopathic medical schools and the number who 
                        are from allopathic medical schools;
                            ``(ii) the number of such applicants who 
                        were accepted into such program from each of 
                        such types of medical school; and
                            ``(iii) an affirmation that--
                                    ``(I) the hospital accepts 
                                applicants for such program from both 
                                osteopathic and allopathic medical 
                                schools; and
                                    ``(II) if an examination score is 
                                required for acceptance in such 
                                program, the Comprehensive Osteopathic 
                                Medical Licensing Examination of the 
                                United States (COMLEX-USA) and the 
                                United States Medical Licensing 
                                Examination (USMLE) are equally 
                                accepted.''.
    (b) Publication.--The Secretary of Health and Human Services shall 
publish on a public website the information described in clauses (i) 
and (ii) of section 1886(h)(5)(A) of the Social Security Act, and the 
affirmation described in clause (iii) of such section, submitted by 
each approved medical residency training program for each year 
(beginning with 2024).
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