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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5727 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 5727

To provide for a study by the National Academy of Medicine on ambulance 
                  diversions, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2020

    Mr. Rush (for himself, Mr. Thompson of Mississippi, Mrs. Watson 
  Coleman, and Ms. Barragan) introduced the following bill; which was 
  referred to the Committee on Ways and Means, and in addition to the 
   Committee on Energy and Commerce, 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 provide for a study by the National Academy of Medicine on ambulance 
                  diversions, and for other purposes.

    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 be cited as the ``Research Empirical Solutions to End 
Ambulance Reversals from Closed Hospitals Act of 2020'' or the 
``RESEARCH Act of 2020''.

SEC. 2. STUDY ON AMBULANCE DIVERSIONS.

    (a) Study.--The Secretary of Health and Human Services shall seek 
to enter into an agreement with the National Academy of Medicine under 
which the National Academy agrees to conduct a study on ambulance 
diversions, including--
            (1) whether the number of such diversions have increased 
        over the last 10 years, including whether the number of such 
        diversions have increased at the national, regional, State, and 
        local level;
            (2) what steps, if any, have been taken to reduce the 
        number of such diversions;
            (3) whether such diversions disproportionately impact 
        medically underserved communities (as defined in section 799B 
        of the Public Health Service Act (42 U.S.C. 295p)); and
            (4) what actions the Federal Government should take--
                    (A) to reduce the number of ambulance diversions; 
                and
                    (B) to improve the health and safety of patients 
                affected by ambulance diversions.
    (b) Consultation.--The agreement under subsection (a) shall require 
the study under such agreement to be conducted in consultation with--
            (1) the Assistant Secretary for Planning and Evaluation of 
        the Department of Health and Human Services;
            (2) the Assistant Secretary for Preparedness and Response 
        of the Department of Health and Human Services; and
            (3) the Director of the Office of Emergency Care Research 
        of the National Institutes of Health.
    (c) Report.--The agreement under subsection (a) shall provide for--
            (1) the submission to the congressional committees of 
        jurisdiction, not later than 24 months after the date of 
        enactment of this Act, of a report on the results of the study 
        under such agreement; and
            (2) the inclusion in such report of recommendations on 
        actions the Federal Government should take--
                    (A) to mitigate the occurrence of ambulance 
                diversions; and
                    (B) to improve the health and safety of patients 
                affected by ambulance diversions.
    (d) Definition.--In this section, the term ``ambulance diversion'' 
means the temporary closure of a hospital emergency department to 
incoming ambulances.

SEC. 3. HOSPITAL REPORTING REQUIREMENT.

    (a) Reporting Requirement.--A hospital shall report to the 
Secretary of Health and Human Services, in the case the hospital 
implements an ambulance diversion on or after January 1, 2021--
            (1) how long the diversion was in effect;
            (2) the reason for the diversion; and
            (3) the number of ambulance calls the hospital diverted 
        while the diversion was in effect.
    (b) Enforcement.--
            (1) Hospitals.--Section 1886(d)(5) of the Social Security 
        Act (42 U.S.C. 1395ww(d)(5)) is amended by adding at the end 
        the following new subparagraph:
    ``(M)(i)(I) In the case that the Secretary determines, with respect 
to a calendar quarter occurring in the period beginning with 2021 and 
ending with 2024, that a hospital has complied with the provisions of 
section 3(a) of the RESEARCH Act of 2020 with respect to each ambulance 
diversion (if any) that occurred during such quarter, the Secretary 
shall increase, by the percentage specified in subclause (II) for such 
quarter, the amount otherwise payable to such hospital under paragraph 
(1)(A) for discharges occurring in the succeeding quarter.
    ``(II) For purposes of subclause (I), the percentage specified in 
this subclause is, with respect to a calendar quarter occurring in--
            ``(aa) 2021 or 2022, 1 percent; or
            ``(bb) 2023 or 2024, 0.5 percent.
    ``(ii)(I) In the case that the Secretary determines, with respect 
to a calendar quarter occurring in 2025 or a subsequent year, that a 
hospital has failed to report an ambulance diversion occurring during 
such quarter to the Secretary in accordance with section 3(a) of the 
RESEARCH Act of 2020, the Secretary shall reduce, by the percentage 
specified in subclause (II) for such quarter, the amount otherwise 
payable to such hospital under paragraph (1)(A) for discharges 
occurring in the succeeding quarter.
    ``(II) For purposes of subclause (I), the percentage specified in 
this subclause is, with respect to a calendar quarter occurring in--
            ``(aa) 2025, 1 percent; or
            ``(bb) 2026 or a subsequent year, 2 percent.
    ``(iii) In this subparagraph, the term `ambulance diversion' has 
the meaning given such term in section 2 of the RESEARCH Act of 
2020.''.
            (2) Critical access hospitals.--Section 1814(l) of the 
        Social Security Act (42 U.S.C. 1395f(l)) is amended by adding 
        at the end the following new paragraph:
    ``(6)(A)(i) In the case that the Secretary determines, with respect 
to a calendar quarter occurring in the period beginning with 2021 and 
ending with 2024, that a critical access hospital has complied with the 
provisions of section 3(a) of the RESEARCH Act of 2020 with respect to 
each ambulance diversion (if any) that occurred during such quarter, 
the Secretary shall increase, by the percentage specified in clause 
(ii) for such quarter, the amount otherwise payable to such hospital 
under paragraph (1) for services furnished during the succeeding 
quarter.
    ``(ii) For purposes of clause (i), the percentage specified in this 
clause is, with respect to a calendar quarter occurring in--
            ``(I) 2021 or 2022, 1 percent; or
            ``(II) 2023 or 2024, 0.5 percent.
    ``(B)(i) In the case that the Secretary determines, with respect to 
a calendar quarter occurring in 2025 or a subsequent year, that a 
critical access hospital has failed to report an ambulance diversion 
occurring during such quarter to the Secretary in accordance with 
section 3(a) of the RESEARCH Act of 2020, the Secretary shall reduce, 
by the percentage specified in clause (ii) for such quarter, the amount 
otherwise payable to such hospital under paragraph (1) for services 
furnished during the succeeding quarter.
    ``(ii) For purposes of clause (i), the percentage specified in this 
clause is, with respect to a calendar quarter occurring in--
            ``(I) 2025, 1 percent; or
            ``(II) 2026 or a subsequent year, 2 percent.''.
    (c) Definition.--In this section:
            (1) The term ``ambulance diversion'' has the meaning given 
        to such term in section 2.
            (2) The term ``hospital'' means a subsection (d) hospital 
        (as defined in section 1886(d)(1)(B) of the Social Security Act 
        (42 U.S.C. 1395ww(d)(1)(B))), or a critical access hospital (as 
        defined in section 1861(mm) of such Act (42 U.S.C. 1395x(mm))), 
        enrolled under section 1866(j) of such Act (42 U.S.C. 
        1392cc(j)).
                                 <all>
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