[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5138 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5138

 To amend title XVIII of the Social Security Act to count a period of 
    receipt of outpatient observation services in a hospital toward 
 satisfying the 3-day inpatient hospital stay requirement for coverage 
  of skilled nursing facility services under Medicare, and for other 
                               purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 2023

 Mr. Courtney (for himself, Mr. Thompson of Pennsylvania, Ms. DelBene, 
and Mr. Estes) 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 
    receipt of outpatient observation services in a hospital toward 
 satisfying the 3-day inpatient hospital stay requirement for coverage 
  of skilled nursing facility services under Medicare, and for other 
                               purposes.

    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 2023''.

SEC. 2. COUNTING A PERIOD OF RECEIPT OF OUTPATIENT OBSERVATION SERVICES 
              IN A HOSPITAL TOWARD THE 3-DAY INPATIENT HOSPITAL STAY 
              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 receiving outpatient 
observation services shall be deemed to be an inpatient during such 
period, and the date such individual ceases receiving such services 
shall be deemed the hospital discharge date (unless such individual is 
admitted as a hospital inpatient at the end of such period).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to receipt of outpatient observation services beginning on or 
after January 1, 2024, 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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