I 

116TH CONGRESS 

2D SESSION H. R. 8025 

To amend title XVIII of the Social Security Act to clarify the application 

of the 15-mile secondary road distance requirement with respect to previously designated critical access hospitals under the Medicare program. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 11, 2020 

Ms. STEFANIK (for herself and Mr. DELGADO) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend title XVIII of the Social Security Act to clarify 

the application of the 15-mile secondary road distance 

requirement with respect to previously designated critical 

access hospitals under the Medicare program. 

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 ‘‘Protecting Rural Ac5 cess to Care Act’’. 


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•HR 8025 IH

1 SEC. 2. CLARIFYING THE APPLICATION OF THE 15-MILE 

2 SECONDARY ROAD DISTANCE REQUIREMENT 

3 WITH RESPECT TO PREVIOUSLY DESIGNATED 

4 CRITICAL ACCESS HOSPITALS. 

5 Section 1820(h) of the Social Security Act (42 U.S.C. 

6 1395i–4(h)) is amended by adding at the end the following 

7 new paragraph: 

8 ‘‘(4) APPLICATION OF 15-MILE SECONDARY

9 ROADS CRITERIA.—In the case of a facility that was 

10 designated as a critical access hospital before July 

11 31, 2015, in applying the criteria for such designa12 tion specified in clause (i) of subsection (c)(2)(B), a 

13 State (and the Secretary) shall so apply such cri14 teria, insofar as such criteria relates to a facility lo15 cated in an area with only secondary roads available, 

16 using such guidance and regulations as were in ef17 fect on July 30, 2015.’’. 

18 SEC. 3. REQUIREMENT FOR PUBLIC NOTICE AND COMMENT 

19 PERIOD FOR ANY GUIDANCE OR REGULA20 TION RELATING TO DESIGNATION CRITERIA 

21 FOR CRITICAL ACCESS HOSPITALS. 

22 (a) IN GENERAL.—With respect to any guidance or 

23 regulation issued by the Secretary of Health and Human 

24 Services (in this section referred to as the ‘‘Secretary’’) 

25 on or after the date of the enactment of this Act relating 

26 to the criteria for designation of a facility as a critical 


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1 access hospital (as specified in section 1820(c)(2)(B) of 

2 the Social Security Act (42 U.S.C. 1395i–4(c)(2)(B))), 

3 such guidance or regulation shall not take effect prior to 

4 the expiration of a notice and comment period of not less 

5 than 60 days under which the public is given the oppor6 tunity to comment on such guidance or regulation and the 

7 Secretary evaluates any such comments. 

8 (b) RETROACTIVE APPLICATION TO GUIDANCE RE9 LATING TO APPLICATION OF THE 15-MILE SECONDARY

10 ROAD DISTANCE REQUIREMENT.—In applying the cri11 teria described in subsection (a), a State (and the Sec12 retary) shall so apply such criteria, insofar as such criteria 

13 relates to a facility located in an area with only secondary 

14 roads available, using such guidance and regulations as 

15 were in effect on July 30, 2015, until, subject to para16 graph (4) of section 1820(h) of the Social Security Act 

17 (as added by section 2), such time as the Secretary issues 

18 guidance or regulations in accordance with such sub19 section. 

Æ 


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