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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1349 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1349

To amend title XVIII of the Social Security Act to require hospitals to 
    provide certain notifications to individuals classified by such 
 hospitals under observation status rather than admitted as inpatients 
                           of such hospitals.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2015

 Mr. Cardin (for himself and Mr. Enzi) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend title XVIII of the Social Security Act to require hospitals to 
    provide certain notifications to individuals classified by such 
 hospitals under observation status rather than admitted as inpatients 
                           of such hospitals.

    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 ``Notice of Observation Treatment and 
Implication for Care Eligibility Act'' or the ``NOTICE Act''.

SEC. 2. MEDICARE REQUIREMENT FOR HOSPITAL NOTIFICATIONS OF OBSERVATION 
              STATUS.

    Section 1866(a)(1) of the Social Security Act (42 U.S.C. 
1395cc(a)(1)) is amended--
            (1) in subparagraph (V), by striking at the end ``and'';
            (2) in the first subparagraph (W), by striking at the end 
        the period and inserting a comma;
            (3) in the second subparagraph (W)--
                    (A) by redesignating such subparagraph as 
                subparagraph (X); and
                    (B) by striking at the end the period and inserting 
                ``, and''; and
            (4) by inserting after such subparagraph (X) the following 
        new subparagraph:
            ``(Y) beginning 12 months after the date of the enactment 
        of this subparagraph, in the case of a hospital or critical 
        access hospital, with respect to each individual who receives 
        observation services as an outpatient at such hospital or 
        critical access hospital for more than 24 hours, to provide to 
        such individual not later than 36 hours after the time such 
        individual begins receiving such services (or, if sooner, upon 
        release)--
                    ``(i) such oral explanation of the written 
                notification described in clause (ii), and such 
                documentation of the provision of such explanation, as 
                the Secretary determines to be appropriate;
                    ``(ii) a written notification (as specified by the 
                Secretary pursuant to rulemaking and containing such 
                language as the Secretary prescribes consistent with 
                this paragraph) which--
                            ``(I) explains the status of the individual 
                        as an outpatient receiving observation services 
                        and not as an inpatient of the hospital or 
                        critical access hospital and the reasons for 
                        such status of such individual;
                            ``(II) explains the implications of such 
                        status on services furnished by the hospital or 
                        critical access hospital (including services 
                        furnished on an inpatient basis), such as 
                        implications for cost-sharing requirements 
                        under this title and for subsequent eligibility 
                        for coverage under this title for services 
                        furnished by a skilled nursing facility;
                            ``(III) includes such additional 
                        information as the Secretary determines 
                        appropriate;
                            ``(IV) either--
                                    ``(aa) is signed by such individual 
                                or a person acting on such individual's 
                                behalf to acknowledge receipt of such 
                                notification; or
                                    ``(bb) if such individual or person 
                                refuses to provide the signature 
                                described in item (aa), is signed by 
                                the staff member of the hospital or 
                                critical access hospital who presented 
                                the written notification and includes 
                                the name and title of such staff 
                                member, a certification that the 
                                notification was presented, and the 
                                date and time the notification was 
                                presented; and
                            ``(V) is written and formatted using plain 
                        language and is made available in appropriate 
                        languages as determined by the Secretary.''.
                                 <all>
```