TITLE 
II—ADDITIONAL 
PAY-
MENTS FOR CERTAIN PHYSI-
CIANS’ SERVICES 
SEC. 201. ADDITIONAL PAYMENTS FOR CERTAIN PHYSI-
CIANS’ SERVICES. 
(a) IN GENERAL.— Section 1833 of the Social Secu-
rity Act (42 U.S.C. 1395l) is amended by adding at the 
end the following new subsection: 
‘‘(v) ADDITIONAL PAYMENT FOR PHYSICIANS’ SERV-
ICES FURNISHED PURSUANT TO EMTALA.—In the case 
of physicians’ services furnished on or after January 1, 
2008, in the emergency department of a hospital (as de-
fined in subsection (e)(5) of section 1867) pursuant to 
such section to an individual covered under the insurance 
program established under this part, in addition to the 
amount of payment that will otherwise be made for such 
services under this part, there shall also be paid to the 
physician or other person involved (or in the cases de-
scribed in subparagraph (A) of section 1842(b)(6), to an 
employer or other entity involved) from the Federal Sup-
plementary Trust Fund an amount equal to 10 percent 
of the payment amount for the services under this part 
(determined without regard to any additional amounts 
paid under subsection (m) or (u)).’’. 
VerDate Aug 31 2005 
22:21 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H882.IH
H882
hmoore on PROD1PC68 with HMBILLS
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to services furnished on or after 
January 1, 2008. 
TITLE III—HOSPITAL AND CRIT-
ICAL ACCESS REPORTING ON 
CERTAIN 
EMERGENCY 
DE-
PARTMENT INFORMATION 
SEC. 301. REQUIREMENT TO REPORT INFORMATION ON 
CERTAIN EMERGENCY DEPARTMENT INFOR-
MATION AS CONDITION OF MEDICARE PAR-
TICIPATION. 
(a) REQUIREMENT.—Section 1866(a)(1) of the Social 
Security Act (42 U.S.C. 1395cc(a)(1)) is amended– 
(1) by striking ‘‘and’’ at the end of subpara-
graph (U); 
(2) by striking the period at the end of sub-
paragraph (V) and inserting ‘‘, and’’; and 
(3) by inserting after subparagraph (V) the fol-
lowing new subparagraph: 
‘‘(W) in the case of a hospital (as defined 
in section 1867(e)(5)) that has an emergency 
department, to report to the Secretary informa-
tion in accordance with subsection (k)(1).’’. 
(b) REPORTING BY HOSPITALS AND CRITICAL AC-
CESS HOSPITALS OF EMERGENCY DEPARTMENT INFOR-
VerDate Aug 31 2005 
22:21 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H882.IH
H882
hmoore on PROD1PC68 with HMBILLS
MATION AND PUBLIC DISCLOSURE OF SUCH INFORMA-
TION.—Section 1866 of such Act (42 U.S.C. 1395cc) is 
further amended by adding at the end the following new 
subsection: 
‘‘(k) REPORTING BY HOSPITALS OF EMERGENCY DE-
PARTMENT INFORMATION AND PUBLIC DISCLOSURE OF 
SUCH INFORMATION.— 
‘‘(1) ANNUAL REPORTING REQUIREMENT.— 
‘‘(A) IN GENERAL.—For purposes of sub-
section (a)(1)(W), a hospital (as defined in sec-
tion 1867(e)(5)) that has an emergency depart-
ment shall annually submit to the Secretary a 
report (beginning for 2008) on the average ad-
mission period described in subparagraph (B) 
at such hospital for such year. 
‘‘(B) ADMISSION
PERIOD
DESCRIBED.— 
The admission period described in this subpara-
graph, with respect to a hospital (as so defined) 
that has an emergency department, is the pe-
riod beginning at the time of admission to the 
hospital of a patient who presents to such de-
partment and ending at the time at which such 
patient arrives at the patient’s definitive inpa-
tient destination in the hospital, which may not 
be an area immediately outside of the emer-
VerDate Aug 31 2005 
22:21 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H882.IH
H882
hmoore on PROD1PC68 with HMBILLS
gency department used to temporarily hold such 
patient until such patient arrives at the defini-
tive inpatient destination. 
‘‘(C) ADMINISTRATION.—Each report sub-
mitted under subparagraph (A) shall be in such 
form and manner and at such time as the Sec-
retary specifies. 
‘‘(2) PUBLIC DISCLOSURE OF INFORMATION.— 
The Secretary shall promptly post, on the official 
public Internet site of the Department of Health and 
Human Services, the information reported under 
paragraph (1)(A). Such information shall be set 
forth in a manner that promotes comparison of such 
information among hospitals.’’. 
(c) DESIGNATION
OF EMERGENCY DEPARTMENT 
QUALITY MEASURE.— 
(1) IN GENERAL.—Not later than January 1, 
2010, based on information reported under section 
1866(k)(1)(A) of the Social Security Act for 2008 
and after consultation with experts in emergency 
care, inpatient critical care, hospital operations man-
agement, nursing, and other relevant disciplines, the 
Secretary of Health and Human Services shall— 
(A) determine whether or not a quality 
measure described in paragraph (2) should be 
VerDate Aug 31 2005 
22:21 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H882.IH
H882
hmoore on PROD1PC68 with HMBILLS
developed for purposes of inclusion as a per-
formance measure required to be reported by 
hospitals under section 1886(b)(3)(B)(viii) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
1395ww(b)(3)(B)(viii)) or section 1833(t)(17) 
of such Act (42 U.S.C. 1395l(t)(17)), as added 
by section 109(a)(1)(B) of the Medicare Im-
provements and Extension Act of 2006 (division 
B of Public Law 109–432), as appropriate, to 
improve the quality of health care delivery; and 
(B) in the case that the Secretary deter-
mines under subparagraph (A) that such a 
quality measure should be developed for such 
inclusion, develop such a quality measure and 
specify the date on which such quality measure 
will be so included for purposes of such sec-
tions. 
(2) QUALITY MEASURE DESCRIBED.—The qual-
ity measure described in this paragraph, with re-
spect to a hospital for a year, is a measure with re-
spect to the average admission period described in 
section 1866(k)(1)(B) of the Social Security Act, as 
added by subsection (b) at such hospital for such 
year. 
Æ 
VerDate Aug 31 2005 
22:21 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6301
E:\BILLS\H882.IH
H882
hmoore on PROD1PC68 with HMBILLS