FAIR Act Sponsors Push Back on Misleading Claims

Published April 21, 2025

By AACOM Government Relations

Advocacy Federal Policy GME Development Graduate Medical Education OME Advocate

Last month, the Fair Access In Residency (FAIR) Act, H.R. 2314, was reintroduced by U.S. Representatives Diana Harshbarger (R-TN), Chellie Pingree (D-ME), Sam Graves (R-MO), Carol Miller (R-WV) and Don Davis (D-NC). The bill is supported by more than 70 national and state organizations.

Rep. Harshbarger and her cosponsors issued a rebuttal to an opposition letter by the Association of American Medical Colleges (AAMC), pushing back on what they described as mischaracterizations of the bill’s intent and impact:

[AAMC’s] characterization … misrepresents a plain reading of the legislative language and the fundamental intent of the bill. H.R. 2314 does not dictate who programs must accept into residency, nor does it mandate the use of any specific examination. It simply requires that residency programs accepting Medicare GME consider applications from qualified DO graduates on equal footing with their MD peers.

The FAIR Act’s sponsors also addressed concerns that the bill constitutes undue legislative interference:

The FAIR Act does not attempt to legislate residency selection criteria, nor does it interfere with the discretion of program directors to accept or decline individual applicants. … Rather, the FAIR Act merely requires programs to consider applications and exams from both the DO and MD professions. This is a reasonable and necessary expectation for programs supported by more than $16 billion in annual Medicare funding.

Finally, the letter highlighted the inadequacy of non-legislative efforts to address longstanding inequities in the residency selection process:

Despite years of high-level discussion and organizational effort, the data show persistent inequities and discrimination against DO medical students, slow progress in rectifying it, and even regression in some areas. … The osteopathic community has spent more than a decade working to address these issues through dialogue and education — yet the status quo remains largely unchanged.

Take action today to support the FAIR Act and encourage your Representative to cosponsor this critical legislation through the AACOM Action Center.

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