II 112th CONGRESS 1st Session S. 1854 IN THE SENATE OF THE UNITED STATES November 10, 2011 Mr. Burr (for himself, Mr. Harkin, Mr. Enzi, Mr. Casey, Ms. Mikulski, Mr. Alexander, and Mr. Roberts) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To enhance medical surge capacity.

1.

Short title

This Act may be cited as the Medical Surge Capacity Act.

2.

Enhancing medical surge capacity

(a)

Modification of criteria for emergency area; emergency period

Section 1135(g)(1)(A) of the Social Security Act (42 U.S.C. 1320b–5(a)(1)(A)) is amended by striking and after the semicolon and inserting or. (b)

Waiver authority for host areas

Section 1135(g)(1) of such Act (42 U.S.C. 1320b–5(g)(1)), as amended by subsection (a), is amended by adding after and below subparagraph (B), the following flush sentence: Notwithstanding the preceding sentence, the Secretary may deem an emergency area to include a geographical area into which individuals from the emergency area are evacuated and receiving care.. (c)

Duration of EMTALA and HIPAA waivers

The third sentence of section 1135(b) of such Act (42 U.S.C. 1320b–5(b)) is amended by striking 72-hour and inserting 96-hour.