[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5727 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5727
To provide for a study by the National Academy of Medicine on ambulance
diversions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2020
Mr. Rush (for himself, Mr. Thompson of Mississippi, Mrs. Watson
Coleman, and Ms. Barragan) 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 provide for a study by the National Academy of Medicine on ambulance
diversions, 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 ``Research Empirical Solutions to End
Ambulance Reversals from Closed Hospitals Act of 2020'' or the
``RESEARCH Act of 2020''.
SEC. 2. STUDY ON AMBULANCE DIVERSIONS.
(a) Study.--The Secretary of Health and Human Services shall seek
to enter into an agreement with the National Academy of Medicine under
which the National Academy agrees to conduct a study on ambulance
diversions, including--
(1) whether the number of such diversions have increased
over the last 10 years, including whether the number of such
diversions have increased at the national, regional, State, and
local level;
(2) what steps, if any, have been taken to reduce the
number of such diversions;
(3) whether such diversions disproportionately impact
medically underserved communities (as defined in section 799B
of the Public Health Service Act (42 U.S.C. 295p)); and
(4) what actions the Federal Government should take--
(A) to reduce the number of ambulance diversions;
and
(B) to improve the health and safety of patients
affected by ambulance diversions.
(b) Consultation.--The agreement under subsection (a) shall require
the study under such agreement to be conducted in consultation with--
(1) the Assistant Secretary for Planning and Evaluation of
the Department of Health and Human Services;
(2) the Assistant Secretary for Preparedness and Response
of the Department of Health and Human Services; and
(3) the Director of the Office of Emergency Care Research
of the National Institutes of Health.
(c) Report.--The agreement under subsection (a) shall provide for--
(1) the submission to the congressional committees of
jurisdiction, not later than 24 months after the date of
enactment of this Act, of a report on the results of the study
under such agreement; and
(2) the inclusion in such report of recommendations on
actions the Federal Government should take--
(A) to mitigate the occurrence of ambulance
diversions; and
(B) to improve the health and safety of patients
affected by ambulance diversions.
(d) Definition.--In this section, the term ``ambulance diversion''
means the temporary closure of a hospital emergency department to
incoming ambulances.
SEC. 3. HOSPITAL REPORTING REQUIREMENT.
(a) Reporting Requirement.--A hospital shall report to the
Secretary of Health and Human Services, in the case the hospital
implements an ambulance diversion on or after January 1, 2021--
(1) how long the diversion was in effect;
(2) the reason for the diversion; and
(3) the number of ambulance calls the hospital diverted
while the diversion was in effect.
(b) Enforcement.--
(1) Hospitals.--Section 1886(d)(5) of the Social Security
Act (42 U.S.C. 1395ww(d)(5)) is amended by adding at the end
the following new subparagraph:
``(M)(i)(I) In the case that the Secretary determines, with respect
to a calendar quarter occurring in the period beginning with 2021 and
ending with 2024, that a hospital has complied with the provisions of
section 3(a) of the RESEARCH Act of 2020 with respect to each ambulance
diversion (if any) that occurred during such quarter, the Secretary
shall increase, by the percentage specified in subclause (II) for such
quarter, the amount otherwise payable to such hospital under paragraph
(1)(A) for discharges occurring in the succeeding quarter.
``(II) For purposes of subclause (I), the percentage specified in
this subclause is, with respect to a calendar quarter occurring in--
``(aa) 2021 or 2022, 1 percent; or
``(bb) 2023 or 2024, 0.5 percent.
``(ii)(I) In the case that the Secretary determines, with respect
to a calendar quarter occurring in 2025 or a subsequent year, that a
hospital has failed to report an ambulance diversion occurring during
such quarter to the Secretary in accordance with section 3(a) of the
RESEARCH Act of 2020, the Secretary shall reduce, by the percentage
specified in subclause (II) for such quarter, the amount otherwise
payable to such hospital under paragraph (1)(A) for discharges
occurring in the succeeding quarter.
``(II) For purposes of subclause (I), the percentage specified in
this subclause is, with respect to a calendar quarter occurring in--
``(aa) 2025, 1 percent; or
``(bb) 2026 or a subsequent year, 2 percent.
``(iii) In this subparagraph, the term `ambulance diversion' has
the meaning given such term in section 2 of the RESEARCH Act of
2020.''.
(2) Critical access hospitals.--Section 1814(l) of the
Social Security Act (42 U.S.C. 1395f(l)) is amended by adding
at the end the following new paragraph:
``(6)(A)(i) In the case that the Secretary determines, with respect
to a calendar quarter occurring in the period beginning with 2021 and
ending with 2024, that a critical access hospital has complied with the
provisions of section 3(a) of the RESEARCH Act of 2020 with respect to
each ambulance diversion (if any) that occurred during such quarter,
the Secretary shall increase, by the percentage specified in clause
(ii) for such quarter, the amount otherwise payable to such hospital
under paragraph (1) for services furnished during the succeeding
quarter.
``(ii) For purposes of clause (i), the percentage specified in this
clause is, with respect to a calendar quarter occurring in--
``(I) 2021 or 2022, 1 percent; or
``(II) 2023 or 2024, 0.5 percent.
``(B)(i) In the case that the Secretary determines, with respect to
a calendar quarter occurring in 2025 or a subsequent year, that a
critical access hospital has failed to report an ambulance diversion
occurring during such quarter to the Secretary in accordance with
section 3(a) of the RESEARCH Act of 2020, the Secretary shall reduce,
by the percentage specified in clause (ii) for such quarter, the amount
otherwise payable to such hospital under paragraph (1) for services
furnished during the succeeding quarter.
``(ii) For purposes of clause (i), the percentage specified in this
clause is, with respect to a calendar quarter occurring in--
``(I) 2025, 1 percent; or
``(II) 2026 or a subsequent year, 2 percent.''.
(c) Definition.--In this section:
(1) The term ``ambulance diversion'' has the meaning given
to such term in section 2.
(2) The term ``hospital'' means a subsection (d) hospital
(as defined in section 1886(d)(1)(B) of the Social Security Act
(42 U.S.C. 1395ww(d)(1)(B))), or a critical access hospital (as
defined in section 1861(mm) of such Act (42 U.S.C. 1395x(mm))),
enrolled under section 1866(j) of such Act (42 U.S.C.
1392cc(j)).
<all>