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Bills/119th Congress · House

H.R. 6109

Introduced

To amend title XVIII of the Social Security Act to establish certain requirements with respect to rates of reversed prior authorization coverage determinations under Medicare Advantage plans.

Sponsor
DMark Pocan· Wisconsin
Introduced
November 18, 2025
Policy area
Health
Latest action
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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.November 18, 2025
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6109 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 6109

To amend title XVIII of the Social Security Act to establish certain 
requirements with respect to rates of reversed prior authorization 
coverage determinations under Medicare Advantage plans.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

November 18, 2025

Mr. Pocan (for himself, Mr. Carson, Mr. Cohen, Ms. DeLauro, Mr. 
Doggett, Ms. Jayapal, Mr. Khanna, Ms. Norton, Ms. Ocasio-Cortez, Ms. 
Schakowsky, Mr. Takano, Mr. Thanedar, Ms. Tlaib, Ms. Johnson of Texas, 
Ms. McBride, and Ms. Omar) introduced the following bill; which was 
referred to the Committee on Ways and Means, and in addition to the 
Committee on Energy and Commerce, 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 establish certain 
requirements with respect to rates of reversed prior authorization 
coverage determinations under Medicare Advantage plans.

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

SECTION 1. ESTABLISHING REQUIREMENTS WITH RESPECT TO RATES OF REVERSED 
PRIOR AUTHORIZATION COVERAGE DETERMINATIONS UNDER 
MEDICARE ADVANTAGE PLANS.

Section 1857 of the Social Security Act (42 U.S.C. 1395w-27) is 
amended--
(1) in subsection (e), by adding at the end the following 
new paragraph:
``(6) Requirement on rates of reversed prior authorization 
coverage determinations.--
``(A) In general.--In the case of a Medicare 
Advantage plan that imposes any prior authorization 
requirement with respect to items or services furnished 
during a plan year beginning on or after the date that 
is 1 year after the date of the enactment of this 
paragraph, if the Secretary determines that such plan 
exceeds the allowable rate of reversed prior 
authorization coverage determinations under 
subparagraph (B) with respect to such plan year, the 
Secretary shall terminate the contract with respect to 
the offering of such plan under this section.
``(B) Allowable rate of reversed prior 
authorization coverage determinations.--For purposes of 
subparagraph (A), a Medicare Advantage plan exceeds the 
allowable rate of reversed prior authorization coverage 
determinations under this subparagraph with respect to 
a plan year if--
``(i) greater than 25 percent of prior 
authorization coverage determinations made 
during such plan year initially deny coverage 
and are later--
``(I) reconsidered and reversed 
pursuant to section 1852(g)(2); or
``(II) appealed and reversed 
pursuant to section 1852(g)(5); or
``(ii) the Secretary determines that--
``(I) significantly fewer prior 
authorization coverage determinations 
made during such plan year that are 
reconsidered pursuant to section 
1852(g)(2) are reversed, as compared to 
the number of such determinations made 
during the previous plan year that are 
so reconsidered and reversed; and
``(II) the reduction in the number 
of reconsidered and reversed prior 
authorization coverage determinations 
described in subclause (I) occurred 
because the Medicare Advantage 
organization that offers such plan 
failed to appropriately reconsider 
prior authorization coverage 
determinations made during such plan 
year pursuant to section 1852(g)(2).
``(C) Prior authorization coverage determination 
defined.--In this paragraph, the term `prior 
authorization coverage determination' means, with 
respect to a Medicare Advantage plan, a coverage 
determination made under section 1852(g) regarding 
whether an individual enrolled in such plan is entitled 
to receive an item or service under the prior 
authorization requirement imposed under such plan with 
respect to such item or service.''; and
(2) in subsection (h)(1)(A), by inserting ``except in the 
case of a termination of a contract due to failure to meet the 
requirement under subsection (e)(6),'' before ``the 
Secretary''.
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Plain-language analysis

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