ROOT Act

#5737 | HR Congress #119

Policy Area: Health
Subjects:

Last Action: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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. (10/10/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Radiology Outpatient Ordering Transmission Act" (ROOT Act) aims to amend the Social Security Act to update the data collection requirements related to appropriate use criteria for certain imaging services, effective January 1, 2026. Key changes include:

1. **Data Reporting**: The legislation modifies how qualified clinical decision support mechanisms must report information to the Secretary of Health and Human Services, ensuring that data collected aligns with specified criteria.

2. **Compliance Monitoring**: It establishes a framework for tracking and designating "low compliant" ordering professionals—those who fail to meet compliance benchmarks for using decision support mechanisms when ordering imaging services.

3. **Exemptions**: Certain imaging services, including mammograms and lung cancer screenings, are exempt from compliance requirements to encourage their use.

4. **Study and Reporting**: The Secretary is tasked with conducting studies every five years starting in 2031 to analyze compliance rates and their impact on imaging services utilization, as well as to explore potential improvements in compliance mechanisms.

5. **Specialty Society Endorsement**: The Secretary will adhere to specific guidelines when determining appropriate use criteria for imaging services.

Overall, the ROOT Act seeks to enhance the quality and appropriateness of imaging services while ensuring better oversight and compliance among healthcare professionals.

Possible Impacts

The "Radiology Outpatient Ordering Transmission Act" (ROOT Act) could affect people in several ways. Here are three examples:

1. **Increased Accountability for Healthcare Providers**: The legislation mandates that ordering professionals must consult with a qualified clinical decision support mechanism when ordering applicable imaging services. This requirement aims to ensure that imaging services are used appropriately, which could lead to improved patient outcomes. If a healthcare provider consistently fails to comply with these requirements, they may be classified as "low compliant," potentially impacting their reputation and practice.

2. **Impact on Access to Imaging Services**: The act includes exemptions for small and rural practices as well as certain imaging services, such as mammograms and lung cancer screenings. This provision could help ensure that patients in underserved areas or smaller healthcare settings continue to have access to necessary imaging services without undue administrative burdens. However, if healthcare providers are designated as low compliant, they may face restrictions or additional oversight that could limit access for their patients.

3. **Data Collection and Reporting Enhancements**: The legislation requires the Secretary of Health and Human Services to collect and analyze data on compliance rates for ordering professionals. This could lead to more informed policy decisions about the use of imaging services and potential adjustments to payment systems based on compliance. Patients may benefit from improved healthcare policies and resource allocation that arise from these data insights, potentially leading to better quality care and outcomes in the long run.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5737 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 5737

    To amend title XVIII of the Social Security Act to modify data 
  collection requirements for appropriate use criteria for applicable 
               imaging services, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 10, 2025

  Mrs. Harshbarger (for herself and Mr. Moore of Utah) introduced the 
   following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committee on Ways and Means, 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 modify data 
  collection requirements for appropriate use criteria for applicable 
               imaging services, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Radiology Outpatient Ordering 
Transmission Act'' or the ``ROOT Act''.

SEC. 2. MODIFICATION OF APPROPRIATE USE CRITERIA DATA COLLECTION FOR 
              APPLICABLE IMAGING SERVICES.

    (a) In General.--Section 1834(q) of the Social Security Act (42 
U.S.C. 1395m(q)) is amended--
            (1) in paragraph (3)(B)(ii)--
                    (A) in subclause (IV), by striking ``generates and 
                provides to the ordering professional a certification 
                or documentation that''; and
                    (B) by adding at the end the following new 
                subclause:
                                    ``(VIII) Beginning January 1, 2026, 
                                the mechanism provides to the 
                                Secretary--
                                            ``(aa) the information 
                                        described in subclauses (III) 
                                        and (IV);
                                            ``(bb) the information 
                                        described in paragraph (4)(B); 
                                        and
                                            ``(cc) such other 
                                        information as the Secretary 
                                        determines to be appropriate, 
                                        at such time, and in such form 
                                        and manner, as the Secretary 
                                        may specify.'';
            (2) in paragraph (4)--
                    (A) in subparagraph (A), by striking clause (ii) 
                and inserting the following:
                            ``(ii) beginning January 1, 2026, comply 
                        with such requirements as the Secretary may 
                        establish.'';
                    (B) in subparagraph (B)--
                            (i) in the heading, by striking 
                        ``furnishing professional'' and inserting 
                        ``qualified clinical decision support 
                        mechanism'';
                            (ii) in the matter preceding clause (i)--
                                    (I) by striking ``with January 1, 
                                2017'' and inserting ``January 1, 
                                2026''; and
                                    (II) by striking ``payment for such 
                                service may only be made if the claim 
                                for the service includes'' and 
                                inserting ``the qualified decision 
                                support mechanism shall maintain and 
                                report to the Secretary under 
                                subparagraph (F)''; and
                            (iii) in clause (iii), by striking ``(if 
                        different from the furnishing professional)'';
                    (C) in subparagraph (C), by adding at the end the 
                following new clauses:
                            ``(iv) Clinical trials.--An applicable 
                        imaging service that is ordered for an 
                        individual as part of a clinical trial.
                            ``(v) Small and rural practices.--An 
                        applicable imaging service ordered by an 
                        ordering professional practicing in a small 
                        practice (consisting of 15 or fewer ordering 
                        professionals), or a practice in a health 
                        professional shortage area (as designated under 
                        section 332(a)(1)(A) of the Public Health 
                        Service Act) located in a rural area.
                            ``(vi) Specified exemptions.--The following 
                        types of applicable imaging services:
                                    ``(I) A mammography.
                                    ``(II) A lung cancer screening 
                                performed using computed tomography.
                                    ``(III) A colonography performed 
                                using computed tomography.
                                    ``(IV) Such other preventive or 
                                screening imaging services as the 
                                Secretary determines appropriate.'';
                    (D) in subparagraph (D), by adding at the end the 
                following new clause:
                            ``(iv) Any other payment system determined 
                        appropriate by the Secretary.''; and
                    (E) by adding at the end the following new 
                subparagraphs:
                    ``(E) Furnishing professional requirement.--
                Beginning January 1, 2026, with respect to an 
                applicable imaging service furnished in an applicable 
                setting and paid for under an applicable payment system 
                (as defined in subparagraph (D)), the furnishing 
                professional shall include the national provider 
                identifier of the ordering professional (if different 
                from the furnishing professional) on the claim for the 
                service.
                    ``(F) Reporting requirements.--The Secretary shall 
                provide, through guidance or rulemaking, information on 
                appropriate ways that each qualified clinical decision 
                support mechanism may report the information maintained 
                under subparagraph (B) to the Secretary to support the 
                Secretary in implementing paragraphs (5) and (6).'';
            (3) in paragraph (5)--
                    (A) in the heading, by striking ``outlier'' and 
                inserting ``low compliant'';
                    (B) by striking subparagraphs (A) and (B) and 
                inserting the following:
                    ``(A) In general.--With respect to applicable 
                imaging services furnished on or after January 1, 2026, 
                the Secretary shall determine on an annual basis the 
                total number of ordering professionals who are 
                designated as low compliant ordering professionals 
                under subparagraph (B).
                    ``(B) Low compliant ordering professionals.--The 
                Secretary shall designate ordering professionals with a 
                compliance rate (as determined under subparagraph (D)) 
                lower than an amount determined by the Secretary as low 
                compliant ordering professionals.'';
                    (C) in paragraph (C), by striking ``outlier'' and 
                inserting ``low compliant'';
                    (D) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) Determination of compliance rate.--
                            ``(i) In general.--
                                    ``(I) Compliance rates.--For 
                                applicable imaging services furnished 
                                on or after January 1, 2026, the 
                                Secretary shall determine a compliance 
                                rate (as defined in clause (ii)) for 
                                each ordering professional for a period 
                                specified by the Secretary.
                                    ``(II) Use of data.--In determining 
                                a compliance rate for an ordering 
                                professional under subclause (I), the 
                                Secretary shall use data made available 
                                to the Secretary by qualified clinical 
                                decision support mechanisms published 
                                in the list under paragraph (3)(C) that 
                                were consulted by the ordering 
                                professional for the period specified 
                                by the Secretary under subclause (I).
                            ``(ii) Definition of compliance rate.--
                                    ``(I) In general.--In this 
                                subparagraph, the term `compliance 
                                rate' means, with respect to the 
                                requirement that an ordering 
                                professional consult with a qualified 
                                decision support mechanism when 
                                ordering an applicable imaging service 
                                under paragraph (4)(A)(i), the ratio 
                                (expressed as a percentage) of--
                                            ``(aa) the number of claims 
                                        for orders for an applicable 
                                        imaging service from such 
                                        ordering professional during 
                                        the period specified by the 
                                        Secretary under clause (i)(I) 
                                        that provided the qualified 
                                        decision support mechanism 
                                        consulted by such ordering 
                                        professional; and
                                            ``(bb) the total number of 
                                        orders for an applicable 
                                        imaging service from such 
                                        ordering professional during 
                                        such period.
                                    ``(II) Exclusion of excepted 
                                orders.--In calculating the compliance 
                                rate for an ordering professional under 
                                subclause (I), the Secretary shall 
                                exclude from the total number of orders 
                                in item (bb) of such subclause any 
                                order for an applicable imaging service 
                                described in paragraph (4)(C).''; and
                    (E) in subparagraph (E), by striking ``outlier'' 
                and inserting ``low compliant'';
            (4) by striking paragraph (6) and inserting the following:
            ``(6) Study and report on low compliant ordering 
        professionals and utilization of applicable imaging services.--
                    ``(A) In general.--Not later than January 1, 2031, 
                and every 5 years thereafter, the Secretary shall 
                conduct a study regarding the compliance rates 
                calculated under paragraph (5) and submit a report to 
                Congress that--
                            ``(i) discusses--
                                    ``(I) such rates and compliance 
                                with this subsection;
                                    ``(II) the impact this subsection 
                                has on the utilization of applicable 
                                imaging services; and
                                    ``(III) potential mechanisms for 
                                improving compliance with this 
                                subsection, including--
                                            ``(aa) prior authorization 
                                        for applicable imaging services 
                                        ordered by low compliant 
                                        ordering professionals;
                                            ``(bb) any payment 
                                        adjustment related to the 
                                        services, or a subset of 
                                        services, that the Secretary 
                                        may designate under the fee 
                                        schedule under section 1848; or
                                            ``(cc) other mechanisms 
                                        determined appropriate by the 
                                        Secretary; and
                            ``(ii) proposes alternative compliance rate 
                        thresholds for low compliant ordering 
                        professionals for purposes of paragraph 
                        (5)(B).''; and
            (5) by adding at the end the following new paragraph:
            ``(8) Specialty society endorsement.--In specifying 
        applicable appropriate use criteria for applicable imaging 
        services under paragraph (2) and qualified clinical decision 
        support mechanisms under paragraph (3), the Secretary shall 
        substantially adhere to the approach described in section 
        414.94 of title 42, Code of Federal Regulations (as in effect 
        on January 1, 2023).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on January 1, 2026.
                                 <all>