[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 876 Enrolled Bill (ENR)]
H.R.876
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
An Act
To amend title XVIII of the Social Security Act to require hospitals to
provide certain notifications to individuals classified by such
hospitals under observation status rather than admitted as inpatients of
such hospitals.
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 ``Notice of Observation Treatment and
Implication for Care Eligibility Act'' or the ``NOTICE Act''.
SEC. 2. MEDICARE REQUIREMENT FOR HOSPITAL NOTIFICATIONS OF OBSERVATION
STATUS.
Section 1866(a)(1) of the Social Security Act (42 U.S.C.
1395cc(a)(1)) is amended--
(1) in subparagraph (V), by striking at the end ``and'';
(2) in the first subparagraph (W), by striking at the end the
period and inserting a comma;
(3) in the second subparagraph (W)--
(A) by redesignating such subparagraph as subparagraph (X);
and
(B) by striking at the end the period and inserting ``,
and''; and
(4) by inserting after such subparagraph (X) the following new
subparagraph:
``(Y) beginning 12 months after the date of the enactment of
this subparagraph, in the case of a hospital or critical access
hospital, with respect to each individual who receives observation
services as an outpatient at such hospital or critical access
hospital for more than 24 hours, to provide to such individual not
later than 36 hours after the time such individual begins receiving
such services (or, if sooner, upon release)--
``(i) such oral explanation of the written notification
described in clause (ii), and such documentation of the
provision of such explanation, as the Secretary determines to
be appropriate;
``(ii) a written notification (as specified by the
Secretary pursuant to rulemaking and containing such language
as the Secretary prescribes consistent with this paragraph)
which--
``(I) explains the status of the individual as an
outpatient receiving observation services and not as an
inpatient of the hospital or critical access hospital and
the reasons for such status of such individual;
``(II) explains the implications of such status on
services furnished by the hospital or critical access
hospital (including services furnished on an inpatient
basis), such as implications for cost-sharing requirements
under this title and for subsequent eligibility for
coverage under this title for services furnished by a
skilled nursing facility;
``(III) includes such additional information as the
Secretary determines appropriate;
``(IV) either--
``(aa) is signed by such individual or a person
acting on such individual's behalf to acknowledge
receipt of such notification; or
``(bb) if such individual or person refuses to
provide the signature described in item (aa), is signed
by the staff member of the hospital or critical access
hospital who presented the written notification and
includes the name and title of such staff member, a
certification that the notification was presented, and
the date and time the notification was presented; and
``(V) is written and formatted using plain language and
is made available in appropriate languages as determined by
the Secretary.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.