[114th Congress Public Law 42]
[From the U.S. Government Publishing Office]

[[Page 129 STAT. 468]]

Public Law 114-42
114th Congress

                                 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. <<NOTE: Aug. 6, 2015 -  [H.R. 876]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Notice of 
Observation Treatment and Implication for Care Eligibility Act. 42 USC 
1305 note.>> 

    This Act may be cited as the ``Notice of Observation Treatment and 
Implication for Care Eligibility Act'' or the ``NOTICE Act''.
                    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) <<NOTE: Effective date. Deadline.>>  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) <<NOTE: Regulations.>>  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;

[[Page 129 STAT. 469]]

                          ``(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) <<NOTE: Certification.>>  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; 
                          ``(V) is written and formatted using plain 
                      language and is made available in appropriate 
                      languages as determined by the Secretary.''.

    Approved August 6, 2015.


HOUSE REPORTS: No. 114-39, Pt. 1 (Comm. on Ways and Means).
SENATE REPORTS: No. 114-107 (Comm. on Finance) accompanying S. 1349.
            Mar. 16, considered and passed House.
            July 27, considered and passed Senate.