This bill prohibits the inequitable provision of health care (i.e., failure to meet a high-quality care standard that is discriminatory in intent or effect) based on race, religion, or other characteristics. It also revises reporting requirements, adds equity-related measures to certain Medicare programs, and makes other changes to reduce health disparities.
To enforce the prohibition, the Department of Health and Human Services (HHS) must establish an administrative process to resolve complaints about inequitable health care. HHS must investigate these complaints and mediate agreements to resolve issues. In the event of noncompliance with a mediated agreement, an aggrieved individual may bring a civil action. HHS may exclude from federal health care programs providers HHS determines engaged in the inequitable provision of health care.
The Department of Justice may bring civil actions against health care providers to enforce the prohibition, including for punitive damages.
Health care providers must also report data in formats that allow disaggregation by demographic factors. Within 90 days after the bill's enactment, HHS must issue proposed regulations to carry out this requirement.
Additionally, the Centers for Medicare & Medicaid Services must include measures related to equitable health care in the Medicare value-based purchasing program for hospitals. This program provides incentive payments based on quality of care.
The bill also establishes (1) the Federal Health Equity Commission to monitor implementation of the bill, and (2) grants for hospitals to promote equitable health care.