I
119THCONGRESS
1
STSESSION H. R. 2314
To amend title XVIII of the Social Security Act to require hospitals with
approved medical residency training programs to submit to the Secretary
of Health and Human Services certain information regarding osteopathic
and allopathic candidates for such programs.
IN THE HOUSE OF REPRESENTATIVES
MARCH25, 2025
Mrs. H
ARSHBARGER(for herself, Ms. PINGREE, Mr. GRAVES, Mrs. MILLER
of West Virginia, and Mr. D
AVISof North Carolina) introduced the fol-
lowing bill; which was referred to the Committee on Ways and Means
A BILL
To amend title XVIII of the Social Security Act to require
hospitals with approved medical residency training pro-
grams to submit to the Secretary of Health and Human
Services certain information regarding osteopathic and
allopathic candidates for such programs.
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 ‘‘Fair Access In Resi-4
dency Act of 2025’’ or the ‘‘FAIR Act of 2025’’. 5
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SEC. 2. ENCOURAGING MORE EQUITABLE TREATMENT OF 1
OSTEOPATHIC AND ALLOPATHIC CAN-2
DIDATES IN RESIDENCY APPLICATION AND 3
REVIEW PROCESS. 4
(a) I
NGENERAL.—Section 1886(d)(5)(B) of the So-5
cial Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amend-6
ed— 7
(1) in clause (i), by inserting at the end the fol-8
lowing new sentence: ‘‘For discharges occurring on 9
or after October 1, 2026, the amount determined 10
under the previous sentence for a hospital shall be 11
reduced by 2 percent for each prior fiscal year (be-12
ginning with fiscal year 2025) for which the hospital 13
has not submitted to the Secretary the information 14
described in subclause (xiv).’’; and 15
(2) by adding at the end the following new 16
clause: 17
‘‘(xiv) For purposes of clause (i), the informa-18
tion described in this clause is, with respect to a 19
hospital and a fiscal year, the following: 20
‘‘(I) The number of applicants for resi-21
dency in each of the hospital’s approved medical 22
residency training programs beginning in such 23
fiscal year— 24
‘‘(aa) from osteopathic medical 25
schools; and 26
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‘‘(bb) from allopathic medical schools. 1
‘‘(II) The number of such applicants ac-2
cepted into each such program beginning in 3
such fiscal year from each such type of medical 4
school. 5
‘‘(III) An affirmation that— 6
‘‘(aa) the policy of the hospital is to 7
consider for acceptance to each such pro-8
gram applicants from both osteopathic and 9
allopathic medical schools; and 10
‘‘(bb) in the case that the hospital re-11
quires applicants to submit an examination 12
score as a prerequisite for acceptance in 13
such a program, the hospital accepts scores 14
from, at the election of the applicant, ei-15
ther the Comprehensive Osteopathic Med-16
ical Licensing Examination of the United 17
States or the United States Medical Li-18
censing Examination.’’. 19
(b) P
UBLICATION.—The Secretary of Health and 20
Human Services shall publish on a public website the in-21
formation described in subclauses (I) and (II) of section 22
1886(d)(5)(B)(xiv) of the Social Security Act, as added 23
by subsection (a), and the affirmation described in sub-24
clause (III) of such section, that is submitted by a hospital 25
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with respect to an approved medical residency training 1
program (as defined in section 1886(d)(h)(A) of the Social 2
Security Act (42 U.S.C. 1395ww(d)(h)(A)) for each fiscal 3
year (beginning with fiscal year 2025). 4
(c) R
ULE OFCONSTRUCTION.—Nothing in this Act 5
shall be construed as federalizing medical education, or as 6
establishing a mandate for an approved medical residency 7
training program (as defined in section 1886(d)(h)(A) of 8
the Social Security Act (42 U.S.C. 1395ww(d)(h)(A)) to 9
accept students (or to accept a certain number of stu-10
dents) from osteopathic or allopathic medical schools. 11
Æ
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