[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3937 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3937

    To amend title XVIII of the Social Security Act to bar hospital 
   limitations on emergency room workers treating emergency cases in 
             immediate vicinity of emergency room entrance.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 1998

   Mr. Rush introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
    To amend title XVIII of the Social Security Act to bar hospital 
   limitations on emergency room workers treating emergency cases in 
             immediate vicinity of emergency room entrance.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Christopher Sercye Emergency 
Hospital Care Zone Act of 1998''.

SEC. 2. BARRING HOSPITAL LIMITATIONS ON EMERGENCY ROOM WORKERS TREATING 
              EMERGENCY CASES IN IMMEDIATE VICINITY OF EMERGENCY ROOM 
              ENTRANCE.

    (a) In General.--Section 1867 of the Social Security Act (42 U.S.C. 
1395dd) is amended by adding at the end the following new subsection:
    ``(j) Treatment of Emergency Cases in Vicinity of Hospital.--
            ``(1) In general.--A participating hospital described in 
        subsection (a)(1) may not establish, maintain, or enforce a 
        policy that prohibits personnel in the emergency department 
        from leaving the department to examine and treat an individual 
        described in paragraph (2) if--
                    ``(A) there are no non-hospital paramedics or 
                emergency medical technicians available at that time 
                and place for such examination and treatment, and
                    ``(B) the provision of such assistance by personnel 
                in such department would not reasonably endanger the 
                lives or health of such personnel to a greater extent 
                than if the examination and assistance were provided in 
                the emergency department.
            ``(2) Individual described.--An individual described in 
        this paragraph with respect to a hospital is an individual 
        who--
                    ``(A) has an emergency medical condition,
                    ``(B) is located outside (but in the immediate 
                vicinity of) the main entrance to the emergency 
                department of the hospital, and
                    ``(C) is not sufficiently mobile to get to such 
                entrance without assistance.
            ``(3) Immediate vicinity defined.--For purposes of this 
        subsection, the term `immediate vicinity' means within 150 feet 
        or such other reasonable distance as the Secretary may 
        specify.''.
    (b) Reference to Enforcement Provisions.--For provisions of law--
            (1) requiring compliance with the requirements of section 
        1867 of the Social Security Act, including the requirement 
        imposed by the amendment made by subsection (a), as a condition 
        of medicare participation, see section 1866(a)(1)(I)(i) of such 
        Act (42 U.S.C. 1395cc(a)(1)(I)(i)); and
            (2) imposing sanctions (including civil monetary penalties 
        and private causes of action) for violations of such 
        requirements, see section 1867(d) of such Act (42 U.S.C. 
        1395dd(d)) .
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to hospitals as of a date that is 30 days after the date of the 
enactment of this Act.
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