S 4085
Take Back Our Hospitals Act of 2026
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Bill overview
This bill, the Take Back Our Hospitals Act of 2026, aims to prevent certain firms, specifically private equity funds, corporations owned by them, and real estate investment trusts, from receiving Medicare payments. It does this by amending the Social Security Act to prohibit payments to hospitals and skilled nursing facilities owned or controlled by these ‘covered firms.’ A three-year transition period is included for facilities already under such ownership, and the firms themselves will be held liable for any penalties incurred by their affiliated facilities.
Key provisions
- Prohibits Medicare payments to hospitals and skilled nursing facilities owned by private equity funds.
- Prohibits Medicare payments to hospitals and skilled nursing facilities owned by corporations controlled by private equity funds.
- Prohibits Medicare payments to real estate investment trusts.
- Defines ‘affiliate’ as an entity with control over another.
- Defines ‘control’ as power to direct management or policies through ownership, contracts, or similar means.
- Establishes a 3-year transition period for facilities already owned by covered firms.
- Holds covered firms jointly and severally liable for penalties incurred by their affiliated facilities.
- Defines ‘covered firm’ as a private equity fund, a corporation owned by a private equity fund, or a real estate investment trust.
Who is affected
- Hospitals
- Skilled Nursing Facilities
- Private Equity Funds
- Corporations
Sponsors
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119th CONGRESS — 2d Session
S. 4085
IN THE SENATE OF THE UNITED STATES
A BILL
To amend title XVIII of the Social Security Act to prevent hospitals or skilled nursing facilities that are owned by certain firms from participating in the Medicare program.
This Act may be cited as the Take Back Our Hospitals Act of 2026
.
Section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended by adding at the end the following new subsection:
No payment may be made under this title to a hospital or skilled nursing facility that is owned or controlled by a covered firm or an affiliate of a covered firm.
If, on the date of enactment of this subsection, a hospital or skilled nursing facility is owned or controlled by a covered firm or an affiliate of such a firm, such hospital or skilled nursing facility shall not be considered in violation of subparagraph (A) until the date that is 3 years after such date of enactment.
Any hospital or skilled nursing facility found to be in violation of paragraph (1) shall be entitled to reasonable notice and opportunity for hearing as described in section 1128(f).
A covered firm or an affiliate of such a firm that owns or is an affiliate of a hospital or skilled nursing facility that is in violation of paragraph (1) shall be jointly and severally liable for any penalty or obligation such hospital or skilled nursing facility receives for such violation.
A person shall be considered to control an entity if such person directly or indirectly owns, has rights over, or holds with the power to vote, 10 percent or more of the voting securities of such entity.