II 

117TH CONGRESS 

2D SESSION S. 3792 

To amend title XVIII of the Social Security Act to extend acute hospital 

care at home waiver flexibilities. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10 (legislative day, MARCH 7), 2022 

Mr. CARPER (for himself, Mr. SCOTT of South Carolina, Mr. TILLIS, and Ms. 

SMITH) 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 extend 

acute hospital care at home waiver flexibilities. 

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 ‘‘Hospital Inpatient 

5 Services Modernization Act’’. 

6 SEC. 2. EXTENDING ACUTE HOSPITAL CARE AT HOME 

7 WAIVER FLEXIBILITIES. 

8 Section 1812 of the Social Security Act (42 U.S.C. 

9 1395d) is amended— 


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•S 3792 IS

1 (1) by redesignating subsection (g) as sub2 section (h); and 

3 (2) by inserting after subsection (f) the fol4 lowing new subsection: 

5 ‘‘(g)(1) During the period beginning on the date of 

6 the enactment of this subsection and ending on the date 

7 that is 2 years after the end of the emergency period de8 scribed in section 1135(g)(1)(B), inpatient hospital serv9 ices or inpatient critical access hospital services described 

10 in subsection (a)(1) shall include services (including tele11 health services as defined in section 1834(m)) furnished 

12 to an individual by an Acute Hospital Care at Home Pro13 gram (as defined by the Secretary). 

14 ‘‘(2) With respect to telehealth services furnished by 

15 an Acute Hospital Care at Home Program during the pe16 riod described in paragraph (1), the requirements de17 scribed in section 1834(m)(4)(C)(i) shall not apply and 

18 the sites described in section 1834(m)(4)(C)(ii) shall in19 clude the home or temporary residence of the individual. 

20 ‘‘(3) With respect to services furnished in the home 

21 or temporary residence of the individual through an Acute 

22 Hospital Care at Home Program during such period, the 

23 requirement for providing 24-hour nursing services and 

24 immediate availability of nursing services as conditions of 

25 participation shall also be satisfied by providing virtual acVerDate Sep 11 2014 02:50 Mar 12, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3792.IS S3792

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1 cess to nurses, advanced practice providers, or physicians 

2 24 hours per day. 

3 ‘‘(4) With respect to services furnished in the home 

4 or temporary residence of the individual through an Acute 

5 Hospital Care at Home Program during such period, life 

6 safety code requirements shall be deemed satisfied for 

7 homes or temporary residences determined to be safe and 

8 appropriate for this care by the Acute Hospital Care at 

9 Home Program. 

10 ‘‘(5) Not later than 12 months after the date of the 

11 enactment of this subsection, the Secretary shall issue reg12 ulations establishing health and safety requirements for 

13 Acute Hospital Care at Home Programs.’’. 

14 SEC. 3. EVALUATION AND REPORT ON ACUTE HOSPITAL 

15 CARE AT HOME AND HOSPITAL WITHOUT 

16 WALLS WAIVERS. 

17 (a) EVALUATION.—The Secretary of Health and 

18 Human Services shall conduct an evaluation of the Acute 

19 Hospital Care at Home and Hospital Without Walls waiv20 ers issued pursuant to the authority under section 1135(b) 

21 of the Social Security Act (42 U.S.C. 1320b–5(b)). Such 

22 evaluation shall include an analysis of— 

23 (1) relevant data collected by the Centers for 

24 Medicare & Medicaid Services related to such waiv25 ers; and 


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1 (2) the quality of care provided, patient out2 comes, beneficiary access, health disparities, patient 

3 safety, cost, and utilization. 

4 (b) REPORT.—Not later than 90 days after the date 

5 of the enactment of this Act, the Secretary of Health and 

6 Human Services shall submit to Congress a report on the 

7 evaluation conducted under subsection (a), together with 

8 recommendations for such legislation and administrative 

9 action as the Secretary determines to be appropriate. 

Æ 


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