S.Amdt. 6412

The amendment, known as the Fair Access In Residency Act of 2026 or FAIR Act of 2026, aims to encourage more equitable treatment of osteopathic and allopathic candidates during the residency application and review process.

It proposes to change the Social Security Act by requiring hospitals to submit specific information to the Secretary, including:

• The number of residency applicants and the number of accepted applicants from both osteopathic and allopathic medical schools for each approved program.

• An affirmation that the hospital considers applicants from both types of schools.

• An affirmation that if an examination score is required, the hospital accepts either the United States Medical Licensing Examination or the Comprehensive Osteopathic Medical Licensing Examination.

To hold hospitals accountable, the amendment states that for discharges occurring on or after October 1, 2027, the amount determined for a hospital shall be reduced by 2 percent for each prior fiscal year (starting with fiscal year 2026) that the hospital fails to submit this information.

Additionally, the Secretary of Health and Human Services must publish the submitted applicant numbers and affirmations on a public website. The amendment specifies that it is not a mandate for programs to accept students or a certain number of students from either school type, nor is it intended to federalize medical education.