I 
117TH CONGRESS 
1ST SESSION H. R. 4263 
To amend title XVIII of the Social Security Act to provide for an exception 
to the definition of an off-campus outpatient department of a provider 
under the Medicare program for certain departments of a provider if 
such provider was forced to relocate its campus. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2021 
Mr. GOTTHEIMER (for himself and Mr. PASCRELL) 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 sub-
sequently 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 provide 
for an exception to the definition of an off-campus out-
patient department of a provider under the Medicare 
program for certain departments of a provider if such 
provider was forced to relocate its campus. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Patient Parity Protec-
tion Act of 2021’’. 
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SEC. 2. PROVIDING FOR AN EXCEPTION TO THE DEFINI-
TION OF AN OFF-CAMPUS OUTPATIENT DE-
PARTMENT OF A PROVIDER UNDER THE 
MEDICARE 
PROGRAM 
TO 
ACCOUNT 
FOR 
FORCED CAMPUS RELOCATIONS OF PRO-
VIDERS. 
Section 1833(t)(21)(B) of the Social Security Act (42 
U.S.C. 1395l(t)(21)(B)) is amended by adding at the end 
the following new clause: 
‘‘(ix) EXCEPTION FOR ON-CAMPUS DE-
PARTMENTS CONVERTED TO OFF-CAMPUS 
DEPARTMENTS.—For purposes of para-
graph (1)(B)(v) and this paragraph and 
with respect to applicable items and serv-
ices furnished during 2020 or a subsequent 
year, the term ‘off-campus outpatient de-
partment of a provider’ also shall not in-
clude a department of a provider (as so de-
fined) that is not described in clause (ii) 
if— 
‘‘(I) the Secretary receives from 
the provider an attestation (pursuant 
to section 413.65(b)(3) of title 42, 
Code of Federal Regulations) not 
later than 60 days after the date of 
the enactment of this clause that such 
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department met the requirements of a 
department of a provider located on 
the campus (as defined in such sec-
tion 413.65(a)(2)) of such provider or 
within the distance (described in such 
definition of campus) from a remote 
location of a hospital facility (as de-
fined in such section 413.65(a)(2)) 
specified in such section 413.65 as of 
November 1, 2015; 
‘‘(II) such provider was forced to 
relocate its campus (as so defined) 
from the location of such campus as 
of November 1, 2015, due to such 
campus’ inability to meet the health 
care needs of such provider’s patient 
population, as demonstrated by a cer-
tificate of need or equivalent approval 
document issued by the State agency 
licensing such provider at such loca-
tion; and 
‘‘(III) the department continues 
to furnish applicable items and serv-
ices at the same address at which 
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such items and services were fur-
nished as of November 1, 2015.’’. 
Æ 
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