Provision of inequitable health care as a basis for permissive exclusion from Medicare and State health care programs

Section 1128(b) of the Social Security Act (42 U.S.C. 1320a–7(b)) is amended by adding at the end the following new paragraph: (18) Provision of inequitable health care (A) In general Subject to subparagraph (B), any health care provider that the Secretary determines has engaged in a pattern of providing inequitable health care (as defined in section 4505(e)(7) of the Health Equity and Accountability Act of 2026) on the basis of race, national origin, sex (including sexual orientation and gender identity), disability, or age of an individual. (B) Exception For purposes of carrying out subparagraph (A), the Secretary shall not exclude any health care provider from participation in the Medicare program under title XVIII or the Medicaid program under title XIX if the exclusion of such health care provider would result in increased difficulty in access to health care services for underserved or low-income communities..