I 

116TH CONGRESS 

2D SESSION H. R. 7168 

To amend title XVIII of the Social Security Act to waive limitations on 

expansion of facility capacity under rural provider and hospital exception 

to ownership or investment prohibition during coronavirus 2020 emergency period. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2020 

Mr. GONZALEZ of Texas (for himself and Mr. BURGESS) 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 waive 

limitations on expansion of facility capacity under rural 

provider and hospital exception to ownership or investment prohibition during coronavirus 2020 emergency period. 

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 ‘‘Creating Capacity for 

5 Communities in Need Act’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 7168 IH

1 SEC. 2. WAIVER OF LIMITATIONS ON EXPANSION OF FACIL2 ITY CAPACITY UNDER RURAL PROVIDER AND 

3 HOSPITAL EXCEPTION TO OWNERSHIP OR IN4 VESTMENT PROHIBITION DURING 

5 CORONAVIRUS 2020 EMERGENCY PERIOD. 

6 Section 1877(i)(1)(B) of the Social Security Act (42 

7 U.S.C. 1395nn(i)(1)(B)) is amended— 

8 (1) by striking ‘‘CAPACITY.—Except as provided 

9 in paragraph (3), the number’’ and inserting ‘‘CA10 PACITY.— 

11 ‘‘(i) IN GENERAL.—Except as provided in 

12 paragraph (3) and subject to clause (ii), the 

13 number;’’; and 

14 (2) by adding at the end the following new 

15 clause: 

16 ‘‘(ii) EXCEPTION DURING

17 CORONAVIRUS 2020 EMERGENCY PERIOD.— 

18 ‘‘(I) IN GENERAL.—The limita19 tion under clause (i) shall not apply 

20 with respect to any increase in the 

21 number of operating rooms, procedure 

22 rooms, or beds for which a hospital is 

23 licensed during the coronavirus 2020 

24 emergency period, or for which the 

25 hospital begins construction during 

26 the coronavirus 2020 emergency peVerDate Sep 11 2014 04:59 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7168.IH H7168

pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 7168 IH

1 riod regardless of whether the hospital 

2 is an applicable hospital (as defined in 

3 paragraph (3)(E)) or is a high Med4 icaid facility described in paragraph 

5 (3)(F), and the hospital’s baseline 

6 number of operating rooms, procedure 

7 rooms, and beds for purposes of com8 pliance with this subparagraph shall 

9 be automatically modified to reflect 

10 such increase on a permanent basis. 

11 ‘‘(II) CORNAVIRUS 2020 EMER12 GENCY PERIOD DEFINED.—For pur13 poses of this clause, the ‘coronavirus 

14 2020 emergency period’ is the period 

15 beginning on March 13, 2020, and 

16 ending on the last day on which the 

17 emergency declared by the President 

18 under section 501 of the Robert T. 

19 Stafford Disaster Relief and Emer20 gency Assistance Act (42 U.S.C. 

21 5191) with respect to SARS–CoV–2 

22 and coronavirus disease 2019 (abbre23 viated as COVID–19) is in effect.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS