Rep. Harshbarger Elevates the FAIR Act at Congressional Hearing

Published March 23, 2026

By AACOM Government Relations

Federal Policy OME Advocate

On March 18, 2026, the House Energy and Commerce Health Subcommittee held a hearing titled “Lowering Health Care Costs for All Americans: An Examination of the U.S. Provider Landscape.” Committee members examined drivers of rising healthcare costs, including provider consolidation, reimbursement differences and federal policy impacts on patient access. Members discussed varying perspectives, including the role of consolidation and price transparency, as well as concerns about Medicaid funding changes and the expiration of Affordable Care Act tax credits on uncompensated care and hospital stability.

During the hearing, Rep. Diana Harshbarger (R-TN), sponsor of the Fair Access In Residency (FAIR) Act, questioned David Aizuss, MD, chair of the American Medical Association Board of Trustees, about barriers facing osteopathic graduates in the residency application process. She asked, “… why hasn't the medical profession done more to solve the problem …? And why shouldn't Congress act to increase transparency in Medicare funded residency programs to ensure DOs are treated fairly and that patients benefit from the full physician workforce?"

Dr. Aizuss replied, “In the eyes of the American Medical Association, an MD and a DO is equivalent. There is no difference.”

Rep. Harshbarger responded, “Well, if nearly 75 percent of programs still require them [DOs] to take the USMLE, in addition to the COMLEX … and you've got 30 percent of those programs seldom or never interviewing those DOs … then you need to fix it.” -U.S. Representative Diana Harshbarger (R-TN)

Despite these obstacles, AACOM celebrated a record 93.2 percent match rate this year, with more than 8,000 DO seniors participating in the largest Match in history. This achievement hides the effort it took to achieve this success by the many federally funded graduate medical education (GME) programs requiring DO applicants to take the USMLE or those that never even consider them for their programs.

AACOM has worked for years to advance equity and access in GME through advocacy and education. These barriers hinder the development of the physician workforce and can limit patient access to care.

The FAIR Act (H.R. 2314 / S. 2715) addresses these disparities by requiring Medicare-funded residency programs to accept DO applications and COMLEX-USA. Bipartisan support continues to grow, with 16 cosponsors in the House and eight in the Senate. Tell Congress to support the FAIR Act to give DO students fair access to residencies and strengthen our healthcare workforce.

Take Action!