H.R. 8377

119 HR 8377 IH: Stop Deadly Denials Act of 2026
 U.S. House of Representatives
 2026-04-20
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 I  119th CONGRESS  2d Session  H. R. 8377  IN THE HOUSE OF REPRESENTATIVES   April 20, 2026   Mr. Khanna  (for himself,  Ms. Jayapal ,  Mr. Cohen ,  Mrs. Dingell ,  Mr. Jackson of Illinois ,  Ms. Norton , and  Mr. Pocan ) 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 prohibit the use of prior authorization under Medicare Advantage plans, to amend title XI of the Social Security Act to limit the implementation of payment models testing prior authorization under traditional Medicare, and for other purposes.
1.
Short title
This Act may be cited as the   Stop Deadly Denials Act of 2026  .
2.
Prohibiting prior authorization requirements in Medicare Advantage
(a)
In general
Section 1852 of the Social Security Act ( 42 U.S.C. 1395w–22 ) is amended by adding at the end the following new subsection:
(o)
Limitation on prior authorization
(1)
In general
Subject to  paragraph (2) , for plan years beginning on or after January 1, 2027, a Medicare Advantage plan may not impose any prior authorization requirement with respect to any specified item or service.
(2)
Exception
 Paragraph (1)  shall not apply with respect to a specified item or service for a plan year in the case that, during such year, such item or service is subject to prior authorization pursuant to subsection (t)(2)(F) or (aa) of section 1833, subsection (a)(15), (l)(16), (q)(6), or (u)(4) of section 1834, or any other provision of part A or part B of this title.
(3)
Specified item or service defined
For purposes of this subsection, the term  specified item or service  means, with respect to a Medicare Advantage plan, any item or service for which benefits are available under such plan that is not—
(A)
a covered part D drug; or
(B)
a supplemental health care benefit (as described in subsection (a)(3)).
 .
(b)
Permitting intermediate sanctions in the case of noncompliance
Section 1857(g)(1) of the Social Security Act ( 42 U.S.C. 1395w–27(g)(1) ) is amended—
(1)
in subparagraph (J), by striking  or  at the end;
(2)
in subparagraph (K), by striking  subparagraphs (A) through (J)  and inserting  subparagraphs (A) through (K) ;
(3)
by redesignating subparagraph (K) as subparagraph (L); and
(4)
by inserting after subparagraph (J) the following new subparagraph:
(K)
imposes a prior authorization requirement with respect to an item or service in violation of section 1852(o); or
 .
(c)
Conforming change
Section 1852(c)(1)(G) of the Social Security Act ( 42 U.S.C. 1395w–22(c)(1)(G) ) is amended—
(1)
in the subparagraph heading, by striking
Prior authorization   and inserting
Review  ; and
(2)
by inserting  for plan years ending before January 1, 2027,  after  Rules regarding prior authorization .
3.
Limiting implementation of Center for Medicare and Medicaid Innovation models testing prior authorization under traditional Medicare
(a)
Prohibiting implementation of WISeR model
The Secretary of Health and Human Services may not implement the innovative payment and service delivery model described in the notice titled  Medicare Program; Implementation of Prior Authorization for Select Services for the Wasteful and Inappropriate Services Reduction (WISeR) Model  (90 Fed. Reg. 28749 (July 1, 2025)), or any substantially similar model.
(b)
Limiting implementation of future CMI models testing prior authorization under traditional Medicare
Section 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) ) is amended—
(1)
in subparagraph (A), by striking  The Secretary shall select  and inserting  Subject to the limitation under subparagraph (D), the Secretary shall select ; and
(2)
by adding at the end the following new subparagraph:
(D)
Limitation on models to be tested
Beginning on the date of the enactment of this subparagraph, the Secretary may not select a model to be tested under subparagraph (A) if such model—
(i)
would provide for the implementation of prior authorization with respect to items or services for which payment may be made under part A or part B of title XVIII; and
(ii)
would provide for—
(I)
issuing any denial of coverage or payment that—
(aa)
is based on a decision made through the use of artificial intelligence, machine learning, algorithmic-derived decision logic, or any other similar technological process, without review and approval of such denial; and
(bb)
has not been individually reviewed and approved by a physician on the basis of the physician’s independent medical judgment, taking into account relevant documentation provided by the individual receiving such items or services or the provider furnishing such items or services; or
(II)
the processing of requests for prior authorization by any entity other than a medicare administrative contractor with a contract under section 1874A.
 .
(c)
Requiring notice and comment for all future CMI models
Section 1115A(b)(2)(A) of the Social Security Act ( 42 U.S.C. 1315a(b)(2)(A) ), as amended by  subsection (b) , is further amended by adding at the end the following new sentence:  Beginning January 1, 2027, a model may only be selected under this subparagraph after notice and opportunity for public comment. .