H.R.3103 - Health Share Transparency Act of 2025 (119th Congress)
Summary
H.R.3103, the Health Share Transparency Act of 2025, aims to amend the Public Health Service Act by establishing disclosure requirements for health care sharing ministries (HCSMs). The bill mandates that HCSMs annually submit financial and appeals information to the Secretary of Health and Human Services, the Commissioner of Internal Revenue, and the Director of the Bureau of Consumer Financial Protection. This information would then be published on a public website.
Furthermore, the bill requires HCSMs to disclose specific information to prospective and current enrollees, including details on complaint and appeal processes, the non-guaranteed nature of reimbursements, and cost-sharing responsibilities. Entities contracting with HCSMs for enrollment purposes must also provide individuals with information about potential tax credits for qualified health plans and eligibility for state or federal healthcare programs.
Finally, the Federal Trade Commission (FTC) would be required to disclose consumer complaints regarding HCSMs on its website and to the Secretary of Health and Human Services and the Commissioner of Internal Revenue.
Expected Effects
The Health Share Transparency Act of 2025 will likely increase transparency and consumer awareness regarding health care sharing ministries. This increased transparency could lead to better-informed decisions by individuals considering or participating in these ministries.
It may also lead to greater accountability for HCSMs, potentially prompting them to improve their practices and disclosures. The FTC disclosures could highlight problematic HCSMs and inform regulatory actions.
Potential Benefits
- Increased transparency for consumers regarding the financial stability and claims practices of HCSMs.
- Better-informed decision-making by individuals considering enrollment in HCSMs.
- Greater accountability for HCSMs, potentially leading to improved practices.
- Public availability of complaint data, allowing for identification of problematic HCSMs.
- Enhanced consumer protection through mandated disclosures and potential enforcement actions.
Most Benefited Areas:
Potential Disadvantages
- Increased administrative burden for HCSMs, potentially leading to higher operating costs.
- Potential for misinterpretation of disclosed information by consumers, leading to undue concern or distrust.
- Possible chilling effect on the growth of HCSMs, limiting healthcare options for some individuals.
- The bill does not guarantee reimbursement, it only provides information.
- Civil monetary penalties may not be sufficient to deter non-compliance by larger HCSMs.
Constitutional Alignment
The bill appears to align with the general welfare clause of the Constitution, as it aims to provide consumers with information to make informed healthcare decisions. By requiring disclosures from health care sharing ministries, the government is acting to protect citizens from potential financial risks associated with these organizations.
However, some might argue that the increased regulation of HCSMs could potentially infringe upon the religious freedom of individuals who choose to participate in these ministries based on their faith (Amendment I). The bill does not directly prohibit the practice of religion, but the increased scrutiny and potential penalties could be seen as an indirect burden.
Overall, the bill seems to strike a balance between promoting the general welfare and respecting individual liberties, though the potential impact on religious freedom warrants careful consideration.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).