Congress bans double-billing for telehealth — but only for employer plans
H.R. 9431 — Fair Telehealth Billing Act of 2026 · Filed by Jahana Hayes (D-CT) · Introduced Jun 24, 2026 · Referred to committee
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What it does
This bill prohibits health care providers and facilities from charging a separate facility fee when a telehealth provider is already billing independently for the professional services. It adds enforcement authority to the Department of Labor, allowing penalties up to $10,000 per violation, and takes effect January 1, 2028.
Why we flagged it
The bill's operative mechanism is a straightforward prohibition on a specific billing practice (dual facility fees for telehealth) paired with enforcement authority. It is a consumer-facing cost-control measure, not a structural reform or industry subsidy.
What the text implies
- Applies only to ERISA-covered plans (employer-sponsored health insurance), leaving telehealth billing in non-ERISA markets (individual insurance, cash pay, Medicare, Medicaid) unaffected — creates a two-tier system where ERISA beneficiaries get protection but others do not.
- Delayed effective date (January 1, 2028) gives providers 18+ months to adjust billing systems and potentially shift costs to other line items or service categories before the rule takes effect.
- Enforcement relies on Department of Labor investigation and civil penalties; no private right of action means patients cannot sue directly for violations — compliance depends on DOL capacity and priority.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
Ordinary people and their insurers face lower out-of-pocket costs and premiums when telehealth facility fees are eliminated, particularly for those using employer-sponsored health plans covered by ERISA. The prohibition directly reduces double-billing without removing access to telehealth services.
Who stands to gain
- ERISA-covered health plan members (lower out-of-pocket costs)
- Employers sponsoring ERISA plans (lower premium costs if savings are passed through)
Named in the bill
Department of Labor, ERISA (Employee Retirement Income Security Act of 1974), Health care providers and facilities, Telehealth services
Where it stands
- Jun 24, 2026 — Introduced · Congress.gov: “Introduced in House”
- Jun 24, 2026 — Referred to House Committee on Education and Workforce · Congress.gov: “Referred to the House Committee on Education and Workforce”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (1,684 characters) on Jun 30, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-20.
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