Congress quietly legalizes healthcare kickbacks—if platforms hide them well
S. 1140 — Health ACCESS Act · Filed by Bill Cassidy (R-LA) · 1 cosponsor · Introduced Mar 26, 2025 · Referred to committee
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What it does
This bill amends federal healthcare fraud and abuse law (the Anti-Kickback Statute) to create a new safe harbor for online health-care scheduling and provider-search platforms. It allows healthcare providers to pay these platforms for listing services, provided the platforms do not steer patients toward higher-paying providers, do not offer medical advice, disclose financial relationships to patients, and use objective criteria for which providers can participate. The bill aims to make it easier for patients to find and book appointments with healthcare providers online.
Why we flagged it
The bill's core function is to create a new exception to federal anti-kickback law, allowing healthcare providers to pay online platforms for patient referrals under loosely defined conditions. While framed as 'patient access,' the mechanism primarily benefits digital health platforms and providers by legalizing a form of referral payment that was previously restricted.
What the text implies
- The 'objective criteria' standard for platform participation is undefined and unenforceable, creating a loophole for platforms to exclude lower-paying providers or favor high-margin specialists without explicit steering language.
- Compensation is capped at 'fair market value' but no methodology for determining FMV in this context is specified, leaving room for inflated payments disguised as platform fees.
The full analysis lists 5 implications of this text.
Who stands to gain
digital health platforms and scheduling services; large healthcare provider networks and hospital systems; telehealth and urgent-care operators with capital for platform investment