H.R. 5736

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5736 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5736

To amend title XVIII of the Social Security Act to include penicillin 
allergy verification and evaluation as part of the initial preventive 
physical examination under the Medicare program.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

October 10, 2025

Mr. Griffith (for himself, Mr. Bera, Mrs. Miller-Meeks, Ms. Schrier, 
Ms. DelBene, Mr. Onder, and Mr. Auchincloss) introduced the following 
bill; which was referred to the Committee on Energy 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 jurisdiction of the committee 
concerned

_______________________________________________________________________

A BILL

To amend title XVIII of the Social Security Act to include penicillin 
allergy verification and evaluation as part of the initial preventive 
physical examination under the Medicare program.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Penicillin Allergy Verification and 
Evaluation Act'' or the ``PAVE Act''.

SEC. 2. FINDINGS.

Congress makes the following:
(1) On September 28, 1928, Alexander Fleming, a Scottish 
bacteriologist, discovered penicillin, forever changing 
healthcare by identifying an effective way to treat a wide 
range of infections which opened the door for numerous 
successful medical treatments.
(2) Millions of patients believe they are allergic to 
penicillin, but information cited by the Centers for Disease 
Control and Prevention and recent medical journal articles in 
the Journal of the American Medical Association and the Journal 
of Allergy and Clinical Immunology, shows that more than 90 
percent of patients who have a self-reported penicillin allergy 
in their electronic medical record can safely take penicillin 
after verification testing.
(3) A 2020 medical research review found, penicillin 
allergy is estimated to affect approximately 10 percent of the 
population, and 15 percent of hospitalized patients are labeled 
with a penicillin allergy.
(4) Penicillin allergy label is associated with poor 
patient outcomes including increased hospital length of stay, 
increased perioperative infections, and overall increased 
mortality according to the New England Journal of Medicine.
(5) A 2018 paper in the Journal of Allergy and Clinical 
Immunology indicates that penicillin allergy evaluation by any 
means has been shown to be a cost-saving intervention.
(6) Delabeling penicillin allergy is an important component 
of antibiotic stewardship and is endorsed by many professional 
organizations and public health bodies, including the American 
Academy of Allergy, Asthma & Immunology.
(7) A 2023 study of adults 65 and older with a penicillin 
allergy label published in the Annals of Allergy, Asthma & 
Immunology found that 97 percent were disproved after 
verification testing.

SEC. 3. PENICILLIN ALLERGY VERIFICATION AND EVALUATION FOR SENIORS.

(a) Initial Preventive Physical Examination.--Section 1861(ww) of 
the Social Security Act (42 U.S.C. 1395x(ww)) is amended--
(1) In paragraph (1)--
(A) by inserting ``penicillin allergy verification 
and evaluation (as defined in paragraph (5)),'' after 
``(as defined in paragraph (4)),'';
(2) in paragraph (2)--
(A) by redesignating subparagraph (O) as 
subparagraph (P); and
(B) by inserting after subparagraph (N) the 
following new subparagraph:
``(O) Penicillin allergy verification and 
evaluation.''; and
(3) by adding at the end the following new paragraph:
``(5) For purposes of paragraph (1), the term `penicillin 
allergy verification and evaluation' means--
``(A) identification of individuals reporting a 
history of penicillin allergy;
``(B) consideration of whether the reported 
reaction history is consistent with an allergy or 
hypersensitivity reaction or can be reevaluated;
``(C) the provision of information on the adverse 
individual and public health impact of a penicillin 
allergy label; and
``(D) a referral to an allergy or immunology 
specialist, as appropriate.''.
(b) Annual Wellness Visit.--Section 1861(hhh)(2) of the Social 
Security Act (42 U.S.C. 1395x(hhh)(2)) is amended--
(1) by redesignating subparagraph (I) as subparagraph (J); 
and
(2) by inserting after subparagraph (H) the following new 
subparagraph:
``(I) Penicillin allergy verification and 
evaluation (as defined in subsection (ww)(5)).''.
(c) Rule of Construction.--Nothing in the amendments made by 
subsection (a) or (b) shall be construed to prohibit separate payment 
for structured penicillin allergy validation and evaluation services 
furnished to an individual on the same day as an initial preventive 
physical examination or an annual wellness visit.
(d) Effective Date.--The amendments made by this section shall 
apply to examinations and visits furnished on or after January 1, 2027.
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