FAIR Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2715 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 2715

 To amend title XVIII of the Social Security Act to require hospitals 
  with approved medical residency training programs to submit to the 
 Secretary of Health and Human Services certain information regarding 
        osteopathic and allopathic candidates for such programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 4, 2025

  Mr. Daines (for himself, Mr. Heinrich, and Mr. King) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
 To amend title XVIII of the Social Security Act to require hospitals 
  with approved medical residency training programs to submit to the 
 Secretary of Health and Human Services certain information regarding 
        osteopathic and allopathic candidates for such programs.

    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 ``Fair Access In Residency Act of 
2025'' or the ``FAIR Act of 2025''.

SEC. 2. ENCOURAGING MORE EQUITABLE TREATMENT OF OSTEOPATHIC AND 
              ALLOPATHIC CANDIDATES IN RESIDENCY APPLICATION AND REVIEW 
              PROCESS.

    (a) In General.--Section 1886(d)(5)(B) of the Social Security Act 
(42 U.S.C. 1395ww(d)(5)(B)) is amended--
            (1) in clause (i), by inserting at the end the following 
        new sentence: ``For discharges occurring on or after October 1, 
        2026, the amount determined under the previous sentence for a 
        hospital shall be reduced by 2 percent for each prior fiscal 
        year (beginning with fiscal year 2025) for which the hospital 
        has not submitted to the Secretary the information described in 
        subclause (xiv).''; and
            (2) by adding at the end the following new clause:
            ``(xiv) For purposes of clause (i), the information 
        described in this clause is, with respect to a hospital and a 
        fiscal year, the following:
                    ``(I) The number of applicants for residency in 
                each of the hospital's approved medical residency 
                training programs beginning in such fiscal year--
                            ``(aa) from osteopathic medical schools; 
                        and
                            ``(bb) from allopathic medical schools.
                    ``(II) The number of such applicants accepted into 
                each such program beginning in such fiscal year from 
                each such type of medical school.
                    ``(III) An affirmation that--
                            ``(aa) the policy of the hospital is to 
                        consider for acceptance to each such program 
                        applicants from both osteopathic and allopathic 
                        medical schools; and
                            ``(bb) in the case that the hospital 
                        requires applicants to submit an examination 
                        score as a prerequisite for acceptance in such 
                        a program, the hospital accepts scores from, at 
                        the election of the applicant, either the 
                        Comprehensive Osteopathic Medical Licensing 
                        Examination of the United States or the United 
                        States Medical Licensing Examination.''.
    (b) Publication.--The Secretary of Health and Human Services shall 
publish on a public website the information described in subclauses (I) 
and (II) of section 1886(d)(5)(B)(xiv) of the Social Security Act, as 
added by subsection (a), and the affirmation described in subclause 
(III) of such section, that is submitted by a hospital with respect to 
an approved medical residency training program (as defined in section 
1886(h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A))) 
for each fiscal year (beginning with fiscal year 2025).
    (c) Rule of Construction.--Nothing in this Act shall be construed 
as federalizing medical education, or as establishing a mandate for an 
approved medical residency training program (as defined in section 
1886(h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A))) 
to accept students (or to accept a certain number of students) from 
osteopathic or allopathic medical schools.
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