I 111th CONGRESS 2d Session H. R. 5950 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 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.

1.

Short title

This Act may be cited as the Improving Access to Medicare Coverage Act of 2010.

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.