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116TH CONGRESS
2D SESSION
H. R. 8025
To amend title XVIII of the Social Security Act to clarify the application
of the 15-mile secondary road distance requirement with respect to pre-
viously designated critical access hospitals under the Medicare program.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 11, 2020
Ms. STEFANIK (for herself and Mr. DELGADO) introduced the following bill;
which was referred to the Committee on Ways and Means
A BILL
To amend title XVIII of the Social Security Act to clarify
the application of the 15-mile secondary road distance
requirement with respect to previously designated critical
access hospitals under the Medicare program.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting Rural Ac-
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cess to Care Act’’.
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•HR 8025 IH
SEC. 2. CLARIFYING THE APPLICATION OF THE 15-MILE
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SECONDARY ROAD DISTANCE REQUIREMENT
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WITH RESPECT TO PREVIOUSLY DESIGNATED
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CRITICAL ACCESS HOSPITALS.
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Section 1820(h) of the Social Security Act (42 U.S.C.
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1395i–4(h)) is amended by adding at the end the following
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new paragraph:
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‘‘(4) APPLICATION
OF
15-MILE
SECONDARY
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ROADS CRITERIA.—In the case of a facility that was
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designated as a critical access hospital before July
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31, 2015, in applying the criteria for such designa-
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tion specified in clause (i) of subsection (c)(2)(B), a
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State (and the Secretary) shall so apply such cri-
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teria, insofar as such criteria relates to a facility lo-
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cated in an area with only secondary roads available,
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using such guidance and regulations as were in ef-
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fect on July 30, 2015.’’.
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SEC. 3. REQUIREMENT FOR PUBLIC NOTICE AND COMMENT
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PERIOD FOR ANY GUIDANCE OR REGULA-
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TION RELATING TO DESIGNATION CRITERIA
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FOR CRITICAL ACCESS HOSPITALS.
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(a) IN GENERAL.—With respect to any guidance or
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regulation issued by the Secretary of Health and Human
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Services (in this section referred to as the ‘‘Secretary’’)
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on or after the date of the enactment of this Act relating
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to the criteria for designation of a facility as a critical
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•HR 8025 IH
access hospital (as specified in section 1820(c)(2)(B) of
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the Social Security Act (42 U.S.C. 1395i–4(c)(2)(B))),
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such guidance or regulation shall not take effect prior to
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the expiration of a notice and comment period of not less
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than 60 days under which the public is given the oppor-
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tunity to comment on such guidance or regulation and the
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Secretary evaluates any such comments.
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(b) RETROACTIVE APPLICATION TO GUIDANCE RE-
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LATING TO APPLICATION OF THE 15-MILE SECONDARY
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ROAD DISTANCE REQUIREMENT.—In applying the cri-
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teria described in subsection (a), a State (and the Sec-
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retary) shall so apply such criteria, insofar as such criteria
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relates to a facility located in an area with only secondary
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roads available, using such guidance and regulations as
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were in effect on July 30, 2015, until, subject to para-
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graph (4) of section 1820(h) of the Social Security Act
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(as added by section 2), such time as the Secretary issues
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guidance or regulations in accordance with such sub-
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section.
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Æ
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