Corporate Crimes Against Health Care Act
Sponsored By: Senator Sen. Warren, Elizabeth [D-MA]
Introduced
Summary
Clawback authority to recover pay from insiders of troubled health care companies, plus new limits on REIT dealings and tax breaks tied to health property. This bill would create criminal and civil penalties for unjust enrichment and add reporting duties about health ownership and workforce harm.
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- Workers and harmed communities: Would let the U.S. Attorney General or state attorneys general recover covered compensation obtained from a target health care firm within a 10-year window. Recovered money must go first to unpaid salaries and benefits and to local health care needs, with pension shortfalls prioritized in bankruptcy.
- Executives and enforcement: Would make unjust enrichment a federal offense with prison terms of 1 to 6 years and civil penalties up to 5 times the clawback amount. Enforcement can be pursued by federal or state attorneys general, including parens patriae suits, and covered parties may raise a clear-and-convincing affirmative defense.
- REITs, providers, and taxpayers: Would bar federal health program payments tied to sales to or new pledges with real estate investment trusts. It would remove special tax rules for taxable REIT subsidiaries holding health property and exclude qualified REIT dividends from the Qualified Business Income deduction.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 4 costs, 1 mixed.
REIT dividends lose QBI benefit
If enacted, qualified REIT dividends would no longer count toward the Section 199A Qualified Business Income deduction. The change would apply to taxable years beginning after enactment. Taxpayers who receive REIT dividends and claim the QBI deduction would likely have higher taxable income and could owe more tax.
Annual hospital ownership and finance reports
If enacted, many hospitals, health systems, and related owners would have to file an annual report to HHS starting by January 1, 2027. Reports would list ownership, debt, leases, investor payments, and other financial and controlling-entity details. HHS would post the reported information publicly by January 1, 2028 and run annual audits. Entities that fail to file or that submit false information could face civil penalties up to $5,000,000 per deficient or false report.
Clawbacks for health care payouts
If enacted, the Attorney General or a State AG would be able to recover pay, bonuses, equity, severance, and similar compensation from owners and managers tied to harmful financial events. Recovered money would go first to unpaid wages, benefits, and pension shortfalls for harmed employees and then to community health needs. The clawback could reach covered pay from 10 years before or after a triggering event. Civil penalties could be up to five times the clawback and criminal penalties could include 1–6 years in prison when actions caused patient death or injury.
REIT deals could stop federal payments
If enacted, providers who sell assets to or newly pledge assets as collateral to a REIT on or after enactment would lose Federal health program payments like Medicare or Medicaid. Pledges agreed before enactment would be grandfathered. The prohibition would take effect on enactment.
Tax change for REIT health subsidiaries
If enacted, the special tax rule treating certain health care property as "qualified" for taxable REIT subsidiaries would be removed for taxable years after enactment. The change would alter tax treatment for REITs and their subsidiaries that hold hospitals and other care facilities. REITs and investors could change structuring or face higher tax as a result.
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Sponsors & CoSponsors
Sponsor
Sen. Warren, Elizabeth [D-MA]
MA • D
Cosponsors
Richard Blumenthal
CT • D
Sponsored 2/11/2026
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 2/11/2026
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 2/11/2026
Peter Welch
VT • D
Sponsored 2/11/2026
Roll Call Votes
No roll call votes available for this bill.
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