II 109th CONGRESS 1st Session S. 1277 IN THE SENATE OF THE UNITED STATES June 21, 2005 Mr. DeWine introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to require hospitals and critical access hospitals, as a condition of participation under the medicare program, to meet certain requirements in order to advertise that the hospital has the capability of addressing emergency and acute coronary syndromes.

1.

Short title

This Act may be cited as the Heart Attack Safety Act of 2005.

2.

Additional medicare condition of participation for hospitals and critical access hospitals

(a)

Additional condition of participation

Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended— (1)in subparagraph (U), by striking and at the end; (2)in subparagraph (V), by striking the period at the end and inserting , and; (3)by inserting after subparagraph (V) the following new subparagraph: (W)in the case of hospitals and critical access hospitals, not to advertise (whether through written, radio, television, electronic, or any other medium) that the hospital or critical access hospital has the capability of addressing emergency or acute coronary syndromes unless the hospital or critical access hospital meets requirements established by the Secretary. ; and (4)by adding at the end the following new sentence: For purposes of subparagraph (W), a hospital or critical access hospital that characterizes itself as having a chest pain center shall be considered to be advertising that the hospital or critical access hospital has the capability of addressing emergency or acute coronary syndromes.. (b)

Requirements

By not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall establish by regulation requirements under section 1861(a)(1)(W) of the Social Security Act, as added by subsection (a), for hospitals and critical access hospitals that wish to advertise that the hospital or critical access hospital has the capability of addressing emergency or acute coronary syndromes. (c)

Effective date

The amendments made by this section shall apply to medicare participation agreements in effect, entered into, or renewed on or after the date that is 1 year after the date of enactment of this Act.