To amend title XVIII of the Social Security Act to require each off-campus outpatient department of a provider to include a unique identifier on claims for items and services, and to require providers with a department of a provider to submit to the Centers for Medicare & Medicaid Services an attestation with respect to each such department.

Subjects: Health


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3237 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3237

  To amend title XVIII of the Social Security Act to require each off-
    campus outpatient department of a provider to include a unique 
 identifier on claims for items and services, and to require providers 
with a department of a provider to submit to the Centers for Medicare & 
 Medicaid Services an attestation with respect to each such department.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2023

Mr. Joyce of Pennsylvania (for himself and Mr. Sarbanes) 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 require each off-
    campus outpatient department of a provider to include a unique 
 identifier on claims for items and services, and to require providers 
with a department of a provider to submit to the Centers for Medicare & 
 Medicaid Services an attestation with respect to each such department.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REQUIRING A SEPARATE IDENTIFICATION NUMBER AND AN 
              ATTESTATION FOR EACH OFF-CAMPUS OUTPATIENT DEPARTMENT OF 
              A PROVIDER.

    Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is 
amended by adding at the end the following new paragraph:
            ``(23) Use of unique health identifiers; attestation.--
                    ``(A) In general.--No payment may be made under 
                this subsection (or under an applicable payment system 
                pursuant to paragraph (21)) for items and services 
                furnished on or after January 1, 2026, by an off-campus 
                outpatient department of a provider (as defined in 
                subparagraph (C)) unless--
                            ``(i) such department has obtained, and 
                        such items and services are billed under, a 
                        unique health identifier (as established 
                        pursuant to standards described in section 
                        1173(b)) that is separate from such identifier 
                        for such provider; and
                            ``(ii) such provider has submitted to the 
                        Secretary, during the 2-year period ending on 
                        the date such items and services are so 
                        furnished, an attestation that such department 
                        is compliant with the requirements described in 
                        section 413.65 of title 42, Code of Federal 
                        Regulations (or a successor regulation).
                    ``(B) Process for submission and review.--Not later 
                than 1 year after the date of enactment of this 
                paragraph, the Secretary shall, through notice and 
                comment rulemaking, establish a process for each 
                provider with an off-campus outpatient department of a 
                provider to submit an attestation pursuant to 
                subparagraph (A)(ii), and for the Secretary to review 
                each such attestation and determine, through site 
                visits or through remote audits (as determined 
                appropriate by the Secretary), whether such department 
                is compliant with the requirements described in such 
                subparagraph.
                    ``(C) Off-campus outpatient department of a 
                provider defined.--For purposes of this paragraph, the 
                term `off-campus outpatient department of a provider' 
                means a department of a provider (as defined in section 
                413.65 of title 42, Code of Federal Regulations, or any 
                successor regulation) that is not located--
                            ``(i) on the campus (as defined in such 
                        section) of such provider; or
                            ``(ii) within the distance (described in 
                        such definition of campus) from a remote 
                        location of a hospital facility (as defined in 
                        such section).''.
                                 &lt;all&gt;
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