[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5950 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5950

 To amend title XVIII of the Social Security Act to count a period of 
 observation status in a hospital exceeding 24 hours toward satisfying 
   the 3-day inpatient hospital requirement for coverage of skilled 
               nursing facility services under Medicare.


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                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2010

 Mr. Courtney introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

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                                 A BILL


 
 To amend title XVIII of the Social Security Act to count a period of 
 observation status in a hospital exceeding 24 hours toward satisfying 
   the 3-day inpatient hospital requirement for coverage of skilled 
               nursing facility services under Medicare.

    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 ``Improving Access to Medicare 
Coverage Act of 2010''.

SEC. 2. COUNTING A PERIOD OF OBSERVATION STATUS IN A HOSPITAL EXCEEDING 
              24 HOURS TOWARD THE 3-DAY INPATIENT HOSPITAL REQUIREMENT 
              FOR COVERAGE OF SKILLED NURSING FACILITY SERVICES UNDER 
              MEDICARE.

    (a) In General.--Section 1861(i) of the Social Security Act (42 
U.S.C. 1395x(i)) is amended by adding at the end the following: ``For 
purposes of this subsection, an individual who is in a period of 
observation status in a hospital that exceeds 24 hours shall be deemed 
to have been an inpatient during such period of observation status and 
the individual's leaving the hospital after such period of status shall 
be treated as a discharge from the hospital.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to periods of observation status beginning on or after January 1, 
2010, but applies to a period of post-hospital extended care services 
that was completed before the date of the enactment of this Act only if 
an administrative appeal is or has been made with respect to such 
services not later than 90 days after the date of the enactment of this 
Act. Notwithstanding any other provision of law, the Secretary of 
Health and Human Services may implement such amendment through an 
interim final regulation, program instruction, or otherwise.
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