H.R. 6100 — Health ACCESS Act

This section adds a new exception to the anti-kickback statute's prohibition on remuneration (42 U.S.C. 1320a-7b(b)(3)) for payments by Medicare providers of services or suppliers to an information service provider (i.e., operator of a web-based platform that provides consumers a bookable directory to search for such providers or suppliers) for participation in an information service, subject to specified conditions. Those conditions require, among others, that the information service provider (1) not steer consumers to particular providers or suppliers based on payment amounts or engage in prohibited activities such as providing medical services, sharing consumer contact information except with selected providers or suppliers, arranging transportation, providing other remuneration to beneficiaries, or conducting targeted marketing to non-interactors or opt-outs; (2) set compensation in advance in writing at fair market value for specified services not based on federal program referrals; (3) disclose financial arrangements to consumers; (4) use objective, consumer-centric criteria for information furnished and provider/supplier participation without exclusion of qualified participants; and (5) meet any additional conditions set by the Secretary. The section also adds definitions of consumer (i.e., individual using the platform to search for providers or suppliers), information service, and information service provider.