I 119THCONGRESS 1 STSESSION H. R. 2002 To amend title XXX of the Public Health Service Act to establish standards and protocols to improve patient matching. IN THE HOUSE OF REPRESENTATIVES MARCH10, 2025 Mr. K ELLYof Pennsylvania (for himself, Mr. FOSTER, and Mr. MOULTON) introduced the following bill; which was referred to the Committee on En- ergy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To amend title XXX of the Public Health Service Act to establish standards and protocols to improve patient matching. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Patient Matching And 4 Transparency in Certified Health IT Act of 2025’’ or the 5 ‘‘MATCH IT Act of 2025’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 VerDate Sep 11 2014 19:56 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2002.IH H2002 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 2002 IH (1) Ensuring accurate patient identification and 1 matching is key to achieving the interoperability 2 within the health care system called for by Congress 3 in the 21st Century Cures Act and the Health Infor-4 mation Technology for Economic and Clinical 5 Health (HITECH) Act. 6 (2) There is currently no national strategy to 7 ensure patients are accurately matched with their 8 medical records. 9 (3) There is no standard definition across the 10 health care system of ‘‘patient match rate’’ to ensure 11 the ability to accurately measure patient matches 12 and patient misidentification. 13 (4) The patient match rates that are available 14 can vary widely, with an estimate from CHIME not-15 ing that matching within facilities can be as low as 16 80 percent—meaning that one out of every five pa-17 tients may not be matched to all his or her records. 18 (5) Patient misidentification within the United 19 States health care system is a threat to patient safe-20 ty, patient privacy, and a driver of unnecessary costs 21 to patients and providers. 22 (6) The inability of clinicians to ensure patients 23 are accurately matched with their medical record has 24 caused medical errors, and even lives lost. Patient 25 VerDate Sep 11 2014 19:56 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2002.IH H2002 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 2002 IH misidentification has been named a recurrent patient 1 safety challenge in multiple years by ECRI. 2 (7) Patients must undergo unnecessary re-3 peated medical tests because of the inability to en-4 sure accurate matches to their medical record. 5 (8) The expense of repeated medical care due to 6 duplicate records costs an average of $1,950 per pa-7 tient inpatient stay, and more than $1,700 per 8 emergency department visit. Thirty-five percent of 9 all denied claims result from inaccurate patient iden-10 tification, costing the average hospital $2.5 million 11 and the United States health care system more than 12 $6.7 billion annually. 13 (9) Overlaid records, caused by merging mul-14 tiple patients’ data into one medical record, may re-15 sult in unauthorized disclosures under the Health 16 Insurance Portability and Accountability Act 17 (HIPAA), as well as the risk of a patient receiving 18 treatment for another patient’s condition. 19 (10) This Act would decrease the prevalence of 20 patient misidentification by further promoting inter-21 operability, thereby protecting patients and address-22 ing high costs driven by this issue. 23 VerDate Sep 11 2014 19:56 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2002.IH H2002 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 2002 IH SEC. 3. STANDARDS AND PROTOCOLS TO IMPROVE PA-1 TIENT MATCHING. 2 (a) I NGENERAL.—Subtitle C of title XXX of the 3 Public Health Service Act (42 U.S.C. 300jj–51 et seq.) 4 is amended by adding at the end the following new section: 5 ‘‘SEC. 3023. STANDARDS AND PROTOCOLS TO IMPROVE PA-6 TIENT MATCHING. 7 ‘‘(a) E STABLISHING AUNIFORMDEFINITION FOR 8 P ATIENTMATCHRATE.— 9 ‘‘(1) I N GENERAL.—Not later than 180 days 10 after the date of enactment of this section, the Sec-11 retary shall, in consultation with health care pro-12 viders, vendors of electronic health records and 13 health information technology, patient groups, and 14 other relevant stakeholders, develop a definition and 15 standards for accurate and precise patient matching 16 to track patient match rates and document improve-17 ments of patient matching over time. The Secretary 18 shall ensure that such definition and standards for 19 patient match rate account for— 20 ‘‘(A) duplicate records; 21 ‘‘(B) overlaid records; 22 ‘‘(C) instances of multiple matches found; 23 and 24 ‘‘(D) mismatch rates within the same 25 healthcare organizations and provider systems. 26 VerDate Sep 11 2014 19:56 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2002.IH H2002 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 2002 IH ‘‘(2) REVIEW AND UPDATE .—In consultation 1 with health care providers, vendors of electronic 2 health records and health information technology, 3 patient groups, and other relevant stakeholders, the 4 Secretary shall review and update the definition and 5 standards developed under paragraph (1), as appro-6 priate, not less frequently than once every 3 years 7 to ensure that such definition and standards are 8 consistent with updates and improvements in tech-9 nologies and processes. 10 ‘‘(b) D EVELOPMENT OF A STANDARDDATASETTO 11 I MPROVEPATIENTMATCHING.— 12 ‘‘(1) I N GENERAL.—Not later than 180 days 13 after the date of enactment of this section, subject 14 to paragraph (2), the National Coordinator shall re-15 view the current data set in the United States Core 16 Data for Interoperability and identify, define, and 17 adopt the minimum data set needed to support the 18 adoption of patient matching by entities, including 19 health care providers, developers of health care in-20 formation technology or certified health IT, or 21 health information networks of exchange, at a rate 22 of 99.9 percent. The National Coordinator shall in-23 clude such minimum data set in the United States 24 Core Data for Interoperability. 25 VerDate Sep 11 2014 19:56 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2002.IH H2002 ssavage on LAPJG3WLY3PROD with BILLS 6 •HR 2002 IH ‘‘(2) DEVELOPMENT OF DATA STANDARDS IN 1 UNITED STATES CORE DATA FOR INTEROPER -2 ABILITY.—For purposes of improving interoperable 3 health exchange, not later than 1 year after defining 4 the minimum data set described in paragraph (1), 5 the National Coordinator shall create, update, or 6 adopt data standards for the data elements identi-7 fied in the minimum data set and incorporate such 8 standards into the United States Core Data for 9 Interoperability. 10 ‘‘(3) C ONSULTATION REQUIRED .—In identifying 11 and defining the minimum data set described in 12 paragraph (1) and creating, updating, or adopting 13 data standards described in paragraph (2), the Na-14 tional Coordinator shall consult with— 15 ‘‘(A) health care providers; 16 ‘‘(B) vendors of electronic health records; 17 ‘‘(C) vendors of health information tech-18 nology; 19 ‘‘(D) patient groups; 20 ‘‘(E) Federal agencies, including the Na-21 tional Institute of Standards and Technology, 22 the Centers for Disease Control and Prevention, 23 the Department of Defense, the National Insti-24 tutes of Health, the Department of Veterans 25 VerDate Sep 11 2014 19:56 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2002.IH H2002 ssavage on LAPJG3WLY3PROD with BILLS 7 •HR 2002 IH Affairs, the Social Security Administration, the 1 Indian Health Service, and the Office for Civil 2 Rights; 3 ‘‘(F) public health authorities within State, 4 local, territorial, and Tribal; and 5 ‘‘(G) any other stakeholders the Secretary 6 determines appropriate. 7 ‘‘(4) R ULE OF CONSTRUCTION .—Nothing in 8 this subsection shall be construed to require an enti-9 ty to meet a minimum patient match rate of 99.9 10 percent.’’. 11 (b) I NCORPORATING THE MINIMUMDATASET FOR 12 P ATIENTMATCHINGINTOCERTIFICATIONREQUIRE-13 MENTS.—Section 3004(b) of subtitle B of title XXX of 14 the Public Health Service Act (42 U.S.C. 300jj–14(b)) is 15 amended by adding at the end the following new subpara-16 graph: 17 ‘‘(4) S PECIAL RULE.— 18 ‘‘(A) I NCORPORATION OF MINIMUM DATA 19 SET INTO HEALTH IT CERTIFICATION REQUIRE -20 MENTS.—Notwithstanding paragraph (3), the 21 Secretary shall incorporate and adopt the min-22 imum data set for patient matching established 23 under section 3023 into the certification criteria 24 VerDate Sep 11 2014 19:56 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2002.IH H2002 ssavage on LAPJG3WLY3PROD with BILLS 8 •HR 2002 IH adopted under this section not later than 180 1 days after such data set is finalized. 2 ‘‘(B) I NCORPORATION OF MINIMUM DATA 3 SET INTO MEDICARE INTEROPERABILITY PRO -4 GRAM REQUIREMENTS .—Not later than 24 5 months after the incorporation of the minimum 6 data set for patient matching into the certifi-7 cation criteria as required in subparagraph (A), 8 the Secretary shall incorporate and adopt such 9 minimum data set for patient matching estab-10 lished under section 3023 into program require-11 ments to promote the interoperability of cer-12 tified EHR technology for entities participating 13 in the Medicare program under title XVIII of 14 the Social Security Act.’’. 15 (c) A DDITIONALINCENTIVESTOPROMOTEINTER-16 OPERABILITY.— 17 (1) I N GENERAL.—Not later than 24 months 18 after the incorporation and adoption of the min-19 imum data set for patient matching into the pro-20 gram requirements to promote the interoperability of 21 certified EHR technology for entities participating 22 under the Medicare program under title XVIII of 23 the Social Security Act as required in subparagraph 24 (B) of section 3004(b)(4) of title XXX of the Public 25 VerDate Sep 11 2014 19:56 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2002.IH H2002 ssavage on LAPJG3WLY3PROD with BILLS 9 •HR 2002 IH Health Service Act (42 U.S.C. 300jj–14(b)), the Ad-1 ministrator of the Centers for Medicare and Med-2 icaid Services shall, through rulemaking, establish a 3 voluntary bonus measure within the Medicare Pro-4 moting Interoperability Program for eligible pro-5 viders who meet an accurate patient match rate (as 6 defined under section 3023 of subtitle C of title 7 XXX of the Public Health Service Act) of at least 8 90 percent or the rate determined under paragraph 9 (4) to voluntary attest to and receive a payment ad-10 justment for meeting such measure. 11 (2) S PECIAL RULE.—In establishing the vol-12 untary bonus measure described in paragraph (1), 13 the Administrator shall— 14 (A) ensure that the total score for incen-15 tive payments or status as an eligible provider 16 will not be negatively impacted if the eligible 17 provider does not attest to an accurate patient 18 match rate; and 19 (B) ensure that the voluntary attestations 20 regarding patient matching rates shall not be 21 publicly disclosed. 22 (3) V OLUNTARY REPORTING PROGRAM .—The 23 National Coordinator, along with the Centers for 24 Medicare and Medicaid Services and other Federal 25 VerDate Sep 11 2014 19:56 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2002.IH H2002 ssavage on LAPJG3WLY3PROD with BILLS 10 •HR 2002 IH agencies determined appropriate by the Secretary, 1 shall develop a voluntary reporting program for eligi-2 ble providers to anonymously submit patient match-3 ing accuracy data to the Department of Health and 4 Human Services. 5 (4) A NNUAL REVIEW OF PATIENT MATCH 6 RATE.— 7 (A) I N GENERAL.—Utilizing the patient 8 matching accuracy data described in paragraph 9 (2) and any additional data sources available, 10 the Administrator of the Centers of Medicare 11 and Medicaid Services shall review and evaluate 12 the patient match attestation rates annually to 13 determine if such rate should be adjusted. 14 (B) A DJUSTMENT.—The Administrator 15 may adjust the patient match rate described in 16 paragraph (1) if the Administrator determines 17 that the patient match attestation rate should 18 be adjusted to further incentivize the voluntary 19 reporting of accurate patient match rates. 20 Æ VerDate Sep 11 2014 19:56 Mar 25, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H2002.IH H2002 ssavage on LAPJG3WLY3PROD with BILLS