SOS: Sustaining Outpatient Services Act

II 118TH CONGRESS 1ST SESSION S. 1849 To amend title XVIII of the Social Security Act to allow payments under the Medicare program for certain items and services furnished by off- campus outpatient departments of a provider to be determined under the prospective payment system for hospital outpatient department serv- ices, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 7, 2023 Mr. HOEVEN (for himself and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to allow payments under the Medicare program for certain items and services furnished by off-campus outpatient depart- ments of a provider to be determined under the prospec- tive payment system for hospital outpatient department services, and for other purposes. 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 ‘‘SOS: Sustaining Out- 4 patient Services Act’’. 5 VerDate Sep 11 2014 01:10 Jun 23, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1849.IS S1849 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1849 IS SEC. 2. ALLOWING MEDICARE PAYMENTS FOR CERTAIN 1 ITEMS AND SERVICES FURNISHED BY OFF- 2 CAMPUS OUTPATIENT DEPARTMENTS OF A 3 PROVIDER TO BE DETERMINED UNDER THE 4 PROSPECTIVE PAYMENT SYSTEM FOR HOS- 5 PITAL OUTPATIENT DEPARTMENT SERVICES. 6 Section 1833(t)(1)(B) of the Social Security Act (42 7 U.S.C. 1395l(t)(1)(B)) is amended— 8 (1) in clause (iv), by striking ‘‘and’’ at the end; 9 (2) in clause (v)— 10 (A) by inserting before ‘‘does not include’’ 11 the following: ‘‘subject to clause (vi),’’; and 12 (B) by striking the period at the end and 13 inserting ‘‘; and’’; and 14 (3) by adding at the end the following new 15 clause: 16 ‘‘(vi) includes, with respect to a year 17 (beginning with 2024), any item or serv- 18 ice— 19 ‘‘(I) that is furnished during 20 such year by an off-campus outpatient 21 department of a provider (as defined 22 in subparagraph (B) of paragraph 23 (21)); and 24 ‘‘(II) with respect to which the 25 greatest total amount paid with re- 26 VerDate Sep 11 2014 01:10 Jun 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1849.IS S1849 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1849 IS spect to a physician specialty under 1 the physician fee schedule under sec- 2 tion 1848 for all such items or serv- 3 ices furnished by physicians in such 4 specialty during the previous year was 5 less than $2,000,000.’’. 6 Æ VerDate Sep 11 2014 01:10 Jun 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1849.IS S1849 pbinns on DSKJLVW7X2PROD with $$_JOB