SenateS. 5034119th Congress
Medicare Advantage Supplemental Benefits Transparency Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5034 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5034
To amend title XVIII of the Social Security Act to increase data
transparency for supplemental benefits under Medicare Advantage.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20, 2026
Mr. Warner (for himself and Mrs. Blackburn) 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 increase data
transparency for supplemental benefits under Medicare Advantage.
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 ``Medicare Advantage Supplemental
Benefits Transparency Act of 2026''.
SEC. 2. INCREASING DATA TRANSPARENCY FOR SUPPLEMENTAL BENEFITS UNDER
MEDICARE ADVANTAGE.
(a) In General.--Section 1857(e) of the Social Security Act (42
U.S.C. 1395w-27(e)) is amended by adding at the end the following new
paragraph:
``(7) Reporting of enrollee-level data on supplemental
benefits.--
``(A) In general.--Beginning with plan years
beginning on or after January 1, 2029, a contract under
this section with an MA organization shall require the
organization to submit to the Secretary, for each MA
plan offered by the organization, enrollee-level data
on supplemental benefits (by item or service, or
category of item or service, as determined appropriate
by the Secretary, and National Provider Identifier (if
applicable)), including eligibility requirements for
such benefits, the benefit category applicable with
respect to each such benefit, and data on utilization
of and payments for such benefits (including the total
amount spent by the plan for each enrollee who utilized
such benefits and the total out-of-pocket cost per
utilization for each enrollee).
``(B) Data access.--
``(i) In general.--Not later than January 1
of the year that is two years after the
beginning of a plan year for which data is
submitted under subparagraph (A), the Secretary
shall--
``(I) upon request, make such data
available to individuals and entities
for the purpose of conducting--
``(aa) evaluations and
other analyses to support the
program under this title; and
``(bb) other health care
related research; and
``(II) make available on the
internet website of the Centers for
Medicare & Medicaid Services a public-
use data file containing such data in
de-identified form.
``(ii) Confidentiality.--In making data
available under clause (i)(I), the Secretary
shall have in place procedures to safeguard the
privacy and security of any individually
identifiable enrollee information.''.
(b) Rule of Construction.--Nothing in the amendments made by this
section shall affect the collection of information as proposed, or so
finalized, pursuant to--
(1) the notice entitled ``Agency Information Collection
Activities: Proposed Collection; Comment Request'', published
in the Federal Register on March 14, 2023 (88 Fed. Reg. 15726);
or
(2) the notice entitled ``Agency Information Collection
Activities: Submission for OMB Review; Comment Request'',
published in the Federal Register on September 25, 2023 (88
Fed. Reg. 65689).
(c) Implementation Funding.--For the purposes of carrying out the
amendment made by this section, there are appropriated, out of amounts
in the Treasury not otherwise appropriated, to the Secretary of Health
and Human Services, $12,000,000 for fiscal year 2026, to remain
available until expended.
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