Bill Details
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This bill would tell the Secretary of Health and Human Services to change Medicare rules so that certain off-campus health facilities do not have to be within 35 miles of a hospital or critical access hospital in order to qualify for “provider-based” status. In plain terms, it would remove a distance rule that can make it harder for some off-campus facilities, especially in rural areas, to be covered and treated as part of a hospital under Medicare. The goal appears to be to help improve access to emergency and other health care services in places where hospitals are far apart.
- It would require the Medicare regulations to be revised within 60 days after the law is passed.
- The change would affect off-campus facilities or organizations that want to qualify as provider-based under Medicare.
- Right now, those facilities must be within 35 miles of a hospital or critical access hospital’s campus to meet this location rule.
- Removing this rule could make it easier for more rural or remote facilities to be linked to a hospital for Medicare purposes.
Official Summaries
Rural ER Access Act
This bill requires the Centers for Medicare & Medicaid Services to repeal regulations that require off-campus facilities to be located within 35 miles of the main hospital or critical access hospital in order to receive provider-based status under Medicare (i.e., to be considered as hospital outpatient departments for purposes of Medicare payment).
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 772 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 772
To direct the Secretary of Health and Human Services to revise
regulations to remove the requirement under the Medicare program that
an off-campus facility or organization shall be located within a 35-
mile radius of a hospital or critical access hospital.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2025
Mr. Green of Tennessee 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 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 direct the Secretary of Health and Human Services to revise
regulations to remove the requirement under the Medicare program that
an off-campus facility or organization shall be located within a 35-
mile radius of a hospital or critical access hospital.
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 cited as the ``Rural ER Access Act''.
SEC. 2. REMOVING LOCATION REQUIREMENTS UNDER THE MEDICARE PROGRAM
APPLICABLE TO OFF-CAMPUS FACILITIES OR ORGANIZATIONS.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Health and Human Services shall revise section
413.65(e)(3)(i) of title 42, Code of Federal Regulations (or any
successor regulation), to remove the requirement under the Medicare
program that an off-campus facility or organization shall be located
within a 35-mile radius of the campus of a hospital or critical access
hospital that is the potential main provider to meet the location
requirements to be eligible for provider-based status.
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