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 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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Patient Parity Protec5 tion Act of 2019’’. 


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1 SEC. 2. PROVIDING FOR AN EXCEPTION TO THE DEFINI2 TION OF AN OFF-CAMPUS OUTPATIENT DE3 PARTMENT OF A PROVIDER UNDER THE 

4 MEDICARE PROGRAM TO ACCOUNT FOR 

5 FORCED CAMPUS RELOCATIONS OF PRO6 VIDERS. 

7 Section 1833(t)(21)(B) of the Social Security Act (42 

8 U.S.C. 1395l(t)(21)(B)) is amended by adding at the end 

9 the following new clause: 

10 ‘‘(ix) EXCEPTION FOR ON-CAMPUS DE11 PARTMENTS CONVERTED TO OFF-CAMPUS

12 DEPARTMENTS.—For purposes of para13 graph (1)(B)(v) and this paragraph and 

14 with respect to applicable items and serv15 ices furnished during 2020 or a subsequent 

16 year, the term ‘off-campus outpatient de17 partment of a provider’ also shall not in18 clude a department of a provider (as so de19 fined) that is not described in clause (ii) 

20 if— 

21 ‘‘(I) the Secretary receives from 

22 the provider an attestation (pursuant 

23 to section 413.65(b)(3) of title 42, 

24 Code of Federal Regulations) not 

25 later than 60 days after the date of 

26 the enactment of this clause that such 


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1 department met the requirements of a 

2 department of a provider located on 

3 the campus (as defined in such sec4 tion 413.65(a)(2)) of such provider or 

5 within the distance (described in such 

6 definition of campus) from a remote 

7 location of a hospital facility (as de8 fined in such section 413.65(a)(2)) 

9 specified in such section 413.65 as of 

10 November 1, 2015; 

11 ‘‘(II) such provider was forced to 

12 relocate its campus (as so defined) 

13 from the location of such campus as 

14 of November 1, 2015, due to such 

15 campus’ inability to meet the health 

16 care needs of such provider’s patient 

17 population, as demonstrated by a cer18 tificate of need or equivalent approval 

19 document issued by the State agency 

20 licensing such provider at such loca21 tion; and 

22 ‘‘(III) the department continues 

23 to furnish applicable items and serv24 ices at the same address at which 


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1 such items and services were fur2 nished as of November 1, 2015.’’. 

Æ 


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