H.R. 5736 — PAVE Act

This section states congressional findings on (1) Alexander Fleming's discovery of penicillin on September 28, 1928; (2) more than 90% of patients with self-reported penicillin allergies in electronic medical records being able to safely take penicillin after verification testing; (3) penicillin allergy labels affecting approximately 10% of the population and 15% of hospitalized patients; (4) such labels being associated with increased hospital stays, perioperative infections, and mortality; (5) penicillin allergy evaluation being a cost-saving intervention; (6) delabeling as a component of antibiotic stewardship endorsed by professional organizations; and (7) 97% of penicillin allergy labels in adults 65 and older being disproved after testing.

This section requires inclusion of penicillin allergy verification and evaluation in Medicare Part B initial preventive physical examinations (IPPEs)—one-time preventive visits available to new enrollees within 12 months of Part B enrollment—and annual wellness visits (AWVs)—yearly personalized prevention plan services—effective for services on or after January 1, 2027. Penicillin allergy verification and evaluation means (1) identifying individuals reporting penicillin allergy history, (2) assessing whether the reported reaction is consistent with an allergy or can be reevaluated, (3) providing information on adverse individual and public health impacts of penicillin allergy labels, and (4) referring to an allergy or immunology specialist as appropriate. The section also permits separate payment for such services furnished on the same day as an IPPE or AWV.