S. 2989

119 S2989 IS: Stop Medical Profiteering and Theft Act
 U.S. Senate
 2025-10-08
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 2989  IN THE SENATE OF THE UNITED STATES   October 8, 2025   Mr. Markey  (for himself,  Mr. Blumenthal , and  Mr. Sanders ) introduced the following bill; which was read twice and referred to the  Committee on Finance    A BILL
To prohibit certain sales or leases of real property for a health care entity if the terms of such a sale or lease would lead to long-term weakened financial status of the health care entity or place the public health at risk, and for other purposes.
1.
Short title
This Act may be cited as the   Stop Medical Profiteering and Theft Act   or the   Stop MPT Act  .
2.
Limitation on the use of real estate investment trusts in health care
(a)
In general
(1)
Prohibition
No health care entity or covered firm may enter into agreement to sell to, or lease from, a real estate investment trust (as defined in  section 856  of the Internal Revenue Code of 1986) an interest in real property if the terms of such sale or lease would lead to long-term weakened financial status of the health care entity or place the public health at risk.
(2)
Review of sale or lease terms
(A)
In general
The Secretary of Health and Human Services (referred to in this section as the  Secretary ) shall require each health care entity, or the covered firm that owns such health care entity, seeking to enter into an agreement described in paragraph (1) to submit to the Secretary for review the terms of the sale or lease, as applicable.
(B)
Standard
In conducting a review of a sale or lease under subparagraph (A), the Secretary shall determine whether the terms of such sale or lease would lead to long-term weakened financial status of the health care entity or place the public health at risk.
(C)
Consultation
The Secretary may consult with the relevant State attorney general in conducting a review under subparagraph (A).
(3)
Litigation authority
Except as provided in section 518 of title 28, United States Code (relating to litigation before the Supreme Court), attorneys designated by the Secretary may appear for the Department of Health and Human Services and represent the Department in any civil action brought in connection with a violation of paragraph (1).
(b)
Enforcement
(1)
State enforcement
(A)
State authority
Each State may require a person subject to the requirements of this section to satisfy such requirements applicable to the person.
(B)
Failure to implement requirements
In the case of a State that fails to substantially enforce the requirements of this section with respect to applicable persons in the State, the Secretary shall enforce the requirements of this section under paragraph (2) to the extent that such requirements relate to actions prohibited under this section occurring in such State.
(2)
Secretarial enforcement authority
If a person is found by the Secretary to be in violation of this section, the Secretary may apply a civil monetary penalty with respect to such person in an amount not to exceed $10,000 per violation.
(3)
Continued applicability of State law
This section shall not be construed to supersede any provision of State law that establishes, implements, or continues in effect any requirement or prohibition except to the extent that such requirement or prohibition prevents the application of a requirement or prohibition of this section.
(c)
Definitions
In this section:
(1)
Affiliate
The term  affiliate  means—
(A)
a person that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of another entity, other than a person that holds such securities—
(i)
in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii)
solely to secure a debt, if such entity has not in fact exercised such power to vote;
(B)
a corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by another entity (referred to in this subparagraph as a  covered entity ), or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the covered entity, other than an entity that holds such securities—
(i)
in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii)
solely to secure a debt, if such entity has not in fact exercised such power to vote;
(C)
a person whose business is operated under a lease or operating agreement by another entity, or person substantially all of whose property is operated under an operating agreement with that other entity; or
(D)
an entity that operates the business or substantially all of the property of another entity under a lease or operating agreement.
(2)
Corporation
The term  corporation  means—
(A)
a joint-stock company;
(B)
a company or partnership association organized under a law that makes only the capital subscribed or callable up to a specified amount responsible for the debts of the association, including a limited partnership and a limited liability company;
(C)
a trust; or
(D)
an association having a power or privilege that a private corporation, but not an individual or a partnership, possesses.
(3)
Covered firm
The term  covered firm  means a for-profit corporation that owns or is an affiliate of a health care entity.
(4)
Health care entity
The term  health care entity  means an entity that consists of 1 or more of the following health care providers:
(A)
A hospital.
(B)
A physician practice.
(C)
A skilled nursing facility.
(D)
A hospice facility.
(E)
A mental or behavioral health care provider.
(F)
An opioid treatment program.
(G)
A provider of services (as defined in section 1861(u) of the Social Security Act ( 42 U.S.C. 1395x(u) ) or a supplier (as defined in section 1861(d) of such Act ( 42 U.S.C. 1395(d) ))) enrolled in the Medicare program.
(H)
Any other entity the Secretary determines appropriate.
3.
Treatment of rents from qualified health care property
(a)
In general
 Section 856(d)(2)  of the Internal Revenue Code of 1986 is amended by striking  and  at the end of subparagraph (B), by striking the period and inserting  , and  at the end of subparagraph (C), and by adding at the end the following new subparagraph:
(D)
notwithstanding paragraphs (4), (6), and (8), any amount received or accrued directly or indirectly from qualified health care property (as defined in subsection (e)(6)(D)(i)).
 .
(b)
Conforming amendments
(1)
 Section 856(d)(8)(B)  of the Internal Revenue Code of 1986 is amended—
(A)
by striking  or a qualified health care property (as defined in subsection (e)(6)(D)(i)) , and
(B)
by striking  qualified health care property or .
(2)
Section 856(d)(9) of such Code is amended—
(A)
by striking  or a qualified health care property (as defined in subsection (e)(6)(D)(i))  in subparagraph (A),
(B)
by striking  or qualified health care property  each place it appears in subparagraph (A) and (B), and
(C)
by striking  or qualified health care properties  in subparagraph (A).
(c)
Effective date
The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.