[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8271 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 8271

    To amend title XVIII of the Social Security Act to require that 
hospitals report intensive care unit bed availability in real time as a 
         condition of participation under the Medicare program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 2026

 Mr. Obernolte (for himself and Mrs. Dingell) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
  in addition to the Committee on Ways and Means, 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 require that 
hospitals report intensive care unit bed availability in real time as a 
         condition of participation under the Medicare program.

    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 Care Utilization through 
Bed Exchange and Data Sharing Act of 2026'' or the ``ICU Bed Act of 
2026''.

SEC. 2. REQUIRING HOSPITALS TO REPORT BED AVAILABILITY IN REAL TIME AS 
              A MEDICARE CONDITION OF PARTICIPATION.

    (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 
1395cc) is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (X), by striking ``and'' at the 
                end;
                    (B) in subparagraph (Y), by striking the period at 
                the end and inserting ``, and''; and
                    (C) by inserting after subparagraph (Y) the 
                following new subparagraph:
            ``(Z) beginning 1 year after the date of the enactment of 
        this subparagraph, in the case of a hospital, critical access 
        hospital, or rural emergency hospital, to comply with the real-
        time intensive care unit bed availability requirements 
        described in subsection (l).''; and
            (2) by adding at the end the following new subsection:
    ``(l) Real-Time Intensive Care Unit Bed Availability Reporting 
Requirements.--
            ``(1) In general.--For purposes of subsection (a)(1)(Z), 
        the real-time intensive care unit bed availability requirements 
        described in this subsection are, with respect to a hospital, 
        critical access hospital, or rural emergency hospital, that 
        such hospital--
                    ``(A) participate in a shared data reporting system 
                that provides information in real time regarding the 
                number of intensive care unit beds available at such 
                hospital to each hospital, critical access hospital, 
                and rural emergency hospital participating under this 
                title that is located in the same region established by 
                the Secretary under paragraph (2) as such hospital; and
                    ``(B) maintain a shared strategy with each such 
                hospital located in such region to efficiently transfer 
                patients between such hospitals in the case that such a 
                hospital reaches or nears intensive care unit bed 
                capacity.
            ``(2) Regions.--The Secretary shall establish regions with 
        respect to which a hospital, critical access hospital, or rural 
        emergency hospital shall meet the requirements under paragraph 
        (1). In establishing such regions, the Secretary shall take 
        into account--
                    ``(A) the geography and population of a region; and
                    ``(B) the time it takes to travel between such 
                hospitals in a region.''.
    (b) Partnership for State and Regional Hospital Preparedness.--
Section 319C-2 of the Public Health Service Act (42 U.S.C. 247d-3b) is 
amended--
            (1) in subsection (c), by inserting ``, including for 
        activities to prepare for the efficient transfer of patients 
        between hospitals and other health care facilities to prevent 
        overcapacity at such facilities during a public health 
        emergency, and'' before ``with respect to''; and
            (2) in subsection (j)(1), by inserting ``and each of fiscal 
        years 2026 through 2031'' after ``through 2023''.
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