I
104TH CONGRESS
1ST SESSION
H. R. 168
To amend title XIX of the Social Security Act with respect to requiring
State plans for appropriately responding to the closing of hospitals,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mrs. COLLINS of Illinois introduced the following bill; which was referred to
the Committee on Commerce
A BILL
To amend title XIX of the Social Security Act with respect
to requiring State plans for appropriately responding
to the closing of hospitals, and for other purposes.
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 ‘‘Hospital Closings
Community Relief Act of 1995’’.
SEC. 2. REQUIREMENT UNDER MEDICAID PROGRAM OF
STATE PLAN FOR APPROPRIATELY RESPOND-
ING TO CLOSING OF HOSPITALS.
Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended by adding at the end the following new
subsection:
‘‘(aa)(1) For fiscal year 1997 and subsequent fiscal
years, the Secretary may not approve a State plan for
medical assistance unless—
‘‘(A) the State has implemented a plan that, in
the event of the closing of any hospital in the State,
provides for appropriately responding to the result-
ing diminishment in the availability of health serv-
ices in the geographic area involved;
‘‘(B) with respect to the plan required in sub-
paragraph (A), the plan requires that—
‘‘(i) any hospital in the State making a de-
cision to close inform the State of such decision
not later than 1 day after the decision is made;
‘‘(ii) the State provide for appropriate con-
fidentiality with respect to such decision;
‘‘(iii) for the purpose of storing the medi-
cal records of the hospital, the records be trans-
ferred to the custody of an appropriate private
entity selected by the hospital, subject to the
approval of the State;
‘‘(iv) the custodian of the medical records
maintain appropriate confidentiality with re-
spect to the records, and organize the records
in a manner sufficient to ensure that the
records concerning any particular individual can
be retrieved expeditiously;
‘‘(v) the medical records concerning an in-
dividual be made available to a health care pro-
fessional upon the request of the individual;
‘‘(vi) the principal geographic area served
by the hospital be identified; and
‘‘(vii) not later than 30 days after the hos-
pital is closed, the residents of such geographic
area be informed, to the extent practicable, of
the fact of the closing, of alternative sources of
health care, and of the fact that the medical
records of the hospital have been stored and are
available with respect to future health care;
‘‘(C) the plan under subparagraph (A) specifies
the details of the manner in which the requirements
established in subparagraph (B) will be met;
‘‘(D) with respect to such requirements, the
plan under subparagraph (A) satisfies such addi-
tional criteria as the Secretary may establish; and
‘‘(E) the Secretary determines that the plan
meets the requirements of this paragraph.
‘‘(2) For fiscal year 1996, the Secretary may not ap-
prove a State plan for medical assistance unless the State
provides assurances satisfactory to the Secretary that the
State is making reasonable progress toward the develop-
ment of the plan described in paragraph (1).’’.
SEC. 3. SENSE OF CONGRESS REGARDING APPROPRIATE
NOTIFICATION OF HOSPITAL CLOSINGS.
It is the sense of the Congress that not less than 60
days prior to the termination of any service or the closure
of any facility, a hospital providing services to any urban,
suburban, or rural area should notify the community it
serves, its employees, and all appropriate government
agencies and health care organizations of such termination
or closure.
Æ