S2836119th Congress

POP Act

Sponsored By: Senator Merkley, Jeff [D-OR]

Introduced

Summary

Bans common ownership between health insurers and certain health care providers. The Patients Over Profit Act would bar anyone from owning or controlling both a health insurance issuer and an applicable provider or its management services organization, and would require divestment, enforcement, and Medicare program compliance rules to enforce that ban.

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  • Families and patients: Would aim to reduce incentives for insurer-owned providers to steer care and would direct disgorged revenue into an FTC-created fund for harmed community health needs.
  • Applicable providers: Entities that violate the ban must be divested within 2 years if acquired before enactment or within 1 year after acquisition. The bill excludes hospitals, critical access hospitals, rural emergency hospitals, durable medical equipment suppliers, prosthetics and orthotics suppliers, and pharmacies.
  • Insurers and Medicare programs: Would bar Medicare Advantage contracts and payments for plan years beginning on or after January 1, 2026 for organizations tied to covered providers, require MA plans to certify compliance, and treat payments to violators as false claims. Enforcement can be brought by the HHS Inspector General, DOJ Antitrust, the FTC, or State attorneys general and courts can order divestiture and disgorgement.

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Bill Overview

No Economic Impacts Identified for this Bill

Sponsors & CoSponsors

Sponsor

Merkley, Jeff [D-OR]

OR • D

Cosponsors

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 9/17/2025

  • Sen. Markey, Edward J. [D-MA]

    MA • D

    Sponsored 9/17/2025

Roll Call Votes

No roll call votes available for this bill.

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