; or (bb) in the case such hospital has failed to satisfy the requirement under subparagraph (A)(ii) or otherwise comply with the requirements of this subsection for any continuous 1-year period beginning on or after January 1, 2024, and the amount otherwise imposed under item (aa) for such failure for such period would be less than $5,000,000, an amount not less than $5,000,000. (ii) Increase authority In applying this subparagraph with respect to violations occurring in 2025 or a subsequent year, the Secretary may through notice and comment rulemaking increase any dollar amount applied under this subparagraph by an amount specified by the Secretary. (iii) Application of certain provisions The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b) of such section) shall apply to a civil monetary penalty imposed under clause (i) in the same manner as such provisions apply to a civil monetary penalty imposed under subsection (a) of such section. . (b) Publication of list of hospitals (1) List of hospitals Beginning not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish and maintain a publicly available list, on the website of the Centers for Medicare & Medicaid Services and updated in real time, of— (A) each hospital that— (i) is not in compliance with the hospital price transparency rule implementing section 2718(e) of the Public Health Service Act ( 42 U.S.C. 300gg–18(e) ), and that, with respect to such noncompliance— (I) has been issued a civil monetary penalty; (II) has received a warning notice; or (III) has received a request for a corrective action plan; or (ii) has received any written communication by the Secretary regarding potential noncompliance with such hospital price transparency rule