Patient Parity Protection Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4834 To amend title XVIII of the Social Security Act to provide for an exception to the definition of an off-campus outpatient department of a provider under the Medicare program for certain departments of a provider if such provider was forced to relocate its campus. IN THE HOUSE OF REPRESENTATIVES OCTOBER 23, 2019 Mr. GOTTHEIMER (for himself and Mr. PASCRELL) 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 sub- sequently 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 provide for an exception to the definition of an off-campus out- patient department of a provider under the Medicare program for certain departments of a provider if such provider was forced to relocate its campus. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Patient Parity Protec- 4 tion Act of 2019’’. 5 VerDate Sep 11 2014 21:28 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4834 IH SEC. 2. PROVIDING FOR AN EXCEPTION TO THE DEFINI- 1 TION OF AN OFF-CAMPUS OUTPATIENT DE- 2 PARTMENT OF A PROVIDER UNDER THE 3 MEDICARE PROGRAM TO ACCOUNT FOR 4 FORCED CAMPUS RELOCATIONS OF PRO- 5 VIDERS. 6 Section 1833(t)(21)(B) of the Social Security Act (42 7 U.S.C. 1395l(t)(21)(B)) is amended by adding at the end 8 the following new clause: 9 ‘‘(ix) EXCEPTION FOR ON-CAMPUS DE- 10 PARTMENTS CONVERTED TO OFF-CAMPUS 11 DEPARTMENTS.—For purposes of para- 12 graph (1)(B)(v) and this paragraph and 13 with respect to applicable items and serv- 14 ices furnished during 2020 or a subsequent 15 year, the term ‘off-campus outpatient de- 16 partment of a provider’ also shall not in- 17 clude a department of a provider (as so de- 18 fined) that is not described in clause (ii) 19 if— 20 ‘‘(I) the Secretary receives from 21 the provider an attestation (pursuant 22 to section 413.65(b)(3) of title 42, 23 Code of Federal Regulations) not 24 later than 60 days after the date of 25 the enactment of this clause that such 26 VerDate Sep 11 2014 21:28 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4834 IH department met the requirements of a 1 department of a provider located on 2 the campus (as defined in such sec- 3 tion 413.65(a)(2)) of such provider or 4 within the distance (described in such 5 definition of campus) from a remote 6 location of a hospital facility (as de- 7 fined in such section 413.65(a)(2)) 8 specified in such section 413.65 as of 9 November 1, 2015; 10 ‘‘(II) such provider was forced to 11 relocate its campus (as so defined) 12 from the location of such campus as 13 of November 1, 2015, due to such 14 campus’ inability to meet the health 15 care needs of such provider’s patient 16 population, as demonstrated by a cer- 17 tificate of need or equivalent approval 18 document issued by the State agency 19 licensing such provider at such loca- 20 tion; and 21 ‘‘(III) the department continues 22 to furnish applicable items and serv- 23 ices at the same address at which 24 VerDate Sep 11 2014 21:28 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4834.IH H4834 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4834 IH such items and services were fur- 1 nished as of November 1, 2015.’’. 2 Æ VerDate Sep 11 2014 21:28 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H4834.IH H4834 pamtmann on DSKBC07HB2PROD with BILLS