Notice of Observation Treatment and Implication for Care Eligibility Act

Bill: 114-hr-876
Sponsor: full_name: Rep. Doggett, Lloyd [D-TX-35]
Introduced: 2015-02-11
Policy area: Health
Subjects: Health information and medical records

Home and outpatient care

Hospital care

Medicare
Latest action: action_date: 2015-08-06
text: Became Public Law No: 114-42.

Summaries:
action_date: 2015-02-11
action_desc: Introduced in House
text: <p><b>Notice of Observation Treatment and Implication for Care Eligibility Act or the NOTICE Act </b></p> <p> Amends title XVIII (Medicare) of the Social Security Act to require a hospital with an agreement with the Secretary of Health and Human Services to give each individual entitled to benefits under Medicare part A (Hospital Insurance), whom the hospital classifies for more than 24 hours as an outpatient under observation status or any other similar status, an adequate oral and written notification within 36 hours of that classification which:</p> <ul> <li>explains the individual's status as an outpatient under observation (or any similar status) and not as an inpatient;</li> <li>explains the reason for that classification;</li> <li>explains the implications of that outpatient status on eligibility for Medicare coverage of items and services as well as cost-sharing requirements;</li> <li>includes the name and title of the hospital staff who gave an oral notification and its date and time; and </li> <li>is signed by individual, if the notification is written, to acknowledge its receipt, or if such individual refuses to sign, the written notification is signed by the staff of the hospital who presented it.</li> </ul>

action_date: 2015-03-13
action_desc: Reported to House amended, Part I
text: <p><b>Notice of Observation Treatment and Implication for Care Eligibility Act or the NOTICE Act </b></p> <p>(Sec. 2) Amends title XVIII (Medicare) of the Social Security Act to require a hospital or critical access hospital with an agreement with the Secretary of Health and Human Services to give each individual who receives observation services as an outpatient for more than 24 hours an adequate oral and written notification within 36 hours after beginning to receive them which:</p> <ul> <li>explains the individual's status as an outpatient and not as an inpatient and the reasons why;</li> <li>explains the implications of that status on services furnished (including those furnished as an inpatient), in particular the implications for cost-sharing requirements and subsequent coverage eligibility for services furnished by a skilled nursing facility;</li> <li>includes appropriate additional information;</li> <li>is written and formatted using plain language and made available in appropriate languages; and </li> <li>is signed by the individual or a person acting on the individual's behalf (representative) to acknowledge receipt of the notification, or if the individual or representative refuses to sign, the written notification is signed by the hospital staff who presented it.</li> </ul>

action_date: 2015-03-16
action_desc: Passed House amended
text: <p><b>Notice of Observation Treatment and Implication for Care Eligibility Act or the NOTICE Act </b></p> <p>(Sec. 2) Amends title XVIII (Medicare) of the Social Security Act to require a hospital or critical access hospital with an agreement with the Secretary of Health and Human Services to give each individual who receives observation services as an outpatient for more than 24 hours an adequate oral and written notification within 36 hours after beginning to receive them which:</p> <ul> <li>explains the individual's status as an outpatient and not as an inpatient and the reasons why;</li> <li>explains the implications of that status on services furnished (including those furnished as an inpatient), in particular the implications for cost-sharing requirements and subsequent coverage eligibility for services furnished by a skilled nursing facility;</li> <li>includes appropriate additional information;</li> <li>is written and formatted using plain language and made available in appropriate languages; and </li> <li>is signed by the individual or a person acting on the individual's behalf (representative) to acknowledge receipt of the notification, or if the individual or representative refuses to sign, the written notification is signed by the hospital staff who presented it.</li> </ul>

action_date: 2015-07-27
action_desc: Passed Senate without amendment
text: <p>(This measure has not been amended since it was passed by the House on March 16, 2015. The summary of that version is repeated here.)</p> <p><b>Notice of Observation Treatment and Implication for Care Eligibility Act or the NOTICE Act </b></p> <p>(Sec. 2) This bill amends title XVIII (Medicare) of the Social Security Act to require a hospital or critical access hospital with an agreement with the Secretary of Health and Human Services to give each individual who receives observation services as an outpatient for more than 24 hours an adequate oral and written notification within 36 hours after beginning to receive them which:</p> <UL> <LI>explains the individual's status as an outpatient and not as an inpatient and the reasons why; <LI>explains the implications of that status on services furnished (including those furnished as an inpatient), in particular the implications for cost-sharing requirements and subsequent coverage eligibility for services furnished by a skilled nursing facility; <LI>includes appropriate additional information; <LI>is written and formatted using plain language and made available in appropriate languages; and <LI>is signed by the individual or a person acting on the individual's behalf (representative) to acknowledge receipt of the notification, or if the individual or representative refuses to sign, the written notification is signed by the hospital staff who presented it. </LI> </UL>

action_date: 2015-08-06
action_desc: Public Law
text: <p />(This measure has not been amended since it was passed by the House on March 16, 2015. The summary of that version is repeated here.) <p><b>Notice of Observation Treatment and Implication for Care Eligibility Act or the NOTICE Act </b></p> <p>(Sec. 2) This bill amends title XVIII (Medicare) of the Social Security Act to require a hospital or critical access hospital with an agreement with the Secretary of Health and Human Services to give each individual who receives observation services as an outpatient for more than 24 hours an adequate oral and written notification within 36 hours after beginning to receive them which:</p> <ul> <li>explains the individual's status as an outpatient and not as an inpatient and the reasons why; </li> <li>explains the implications of that status on services furnished (including those furnished as an inpatient), in particular the implications for cost-sharing requirements and subsequent coverage eligibility for services furnished by a skilled nursing facility; </li> <li>includes appropriate additional information; </li> <li>is written and formatted using plain language and made available in appropriate languages; and </li> <li>is signed by the individual or a person acting on the individual's behalf (representative) to acknowledge receipt of the notification, or if the individual or representative refuses to sign, the written notification is signed by the hospital staff who presented it.</li> </ul>

tv_txt: I 114th CONGRESS 1st Session H. R. 876 IN THE HOUSE OF REPRESENTATIVES February 11, 2015 Mr. Doggett (for himself and Mr. Young of Indiana ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , 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 hospitals to provide certain notifications to individuals classified by such hospitals under observation status rather than admitted as inpatients of such hospitals.

1. Short title This Act may be cited as the Notice of Observation Treatment and Implication for Care Eligibility Act or the NOTICE Act . 2. Medicare requirement for hospital notifications of observation status (a) In general Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— (1) in subparagraph (V), by striking at the end and ; (2) in the first subparagraph (W), by striking at the end the period and inserting a comma; (3) in the second subparagraph (W)— (A) by redesignating such subparagraph as subparagraph (X); and (B) by striking at the end the period and inserting , and ; and (4) by inserting after such subparagraph (X) the following new subparagraph: (Y) in the case of a hospital, to provide to each individual who is entitled to benefits under part A and who the hospital classifies for more than 24 hours as an outpatient under observation status or any other similar status, as the Secretary determines appropriate (or to a person acting on the individual’s behalf), not later than 36 hours after the time of such classification of such individual under such status (or, if sooner, upon discharge), an adequate oral and written notification (as defined by the Secretary pursuant to rulemaking and containing such language as the Secretary prescribes consistent with this paragraph) which— (i) explains the status of the individual as an outpatient under such observation status or any other such similar status and not as an inpatient of the hospital; (ii) explains the reason for the classification of such individual under such status; (iii) explains the implications of such status as an outpatient on— (I) eligibility for coverage of items and services under this title, including such items and services furnished by the hospital with respect to such individual while under such status and for items and services under this title for a subsequent discharge to a skilled nursing facility or other facility; and (II) cost-sharing requirements under this title, including with respect to items and services furnished by the hospital to such individual while under such status and with respect to items and services under this title for a subsequent discharge to a skilled nursing facility or other facility; (iv) includes the name and title of the staff of the hospital who provided the oral notification and the date and time of such oral notification; (v) includes such additional information as the Secretary deems appropriate; and (vi) in the case of the written notification— (I) is signed— (aa) by such individual or a person acting on such individual’s behalf to acknowledge receipt of such notification; or (bb) if such individual or person refuses to provide the signature, by the staff of the hospital who presented the written notification, who shall include his or her name and title, a certification that the notification was presented, and the date and time the notification was presented; (II) is written and formatted using language that is clear and easily understandable to Medicare beneficiaries; and (III) is made available in different languages, as specified by the Secretary. . (b) Effective date The amendments made by subsection (a) shall apply with respect to items and services furnished on or after the date that is six months after the date of the enactment of this Act.

tv_txt: IIB 114th CONGRESS 1st Session H. R. 876 IN THE SENATE OF THE UNITED STATES March 17, 2015 Received; read twice and referred to the Committee on Finance AN ACT To amend title XVIII of the Social Security Act to require hospitals to provide certain notifications to individuals classified by such hospitals under observation status rather than admitted as inpatients of such hospitals.

1. Short title This Act may be cited as the Notice of Observation Treatment and Implication for Care Eligibility Act or the NOTICE Act . 2. Medicare requirement for hospital notifications of observation status Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— (1) in subparagraph (V), by striking at the end and ; (2) in the first subparagraph (W), by striking at the end the period and inserting a comma; (3) in the second subparagraph (W)— (A) by redesignating such subparagraph as subparagraph (X); and (B) by striking at the end the period and inserting , and ; and (4) by inserting after such subparagraph (X) the following new subparagraph: (Y) beginning 12 months after the date of the enactment of this subparagraph, in the case of a hospital or critical access hospital, with respect to each individual who receives observation services as an outpatient at such hospital or critical access hospital for more than 24 hours, to provide to such individual not later than 36 hours after the time such individual begins receiving such services (or, if sooner, upon release)— (i) such oral explanation of the written notification described in clause (ii), and such documentation of the provision of such explanation, as the Secretary determines to be appropriate; (ii) a written notification (as specified by the Secretary pursuant to rulemaking and containing such language as the Secretary prescribes consistent with this paragraph) which— (I) explains the status of the individual as an outpatient receiving observation services and not as an inpatient of the hospital or critical access hospital and the reasons for such status of such individual; (II) explains the implications of such status on services furnished by the hospital or critical access hospital (including services furnished on an inpatient basis), such as implications for cost-sharing requirements under this title and for subsequent eligibility for coverage under this title for services furnished by a skilled nursing facility; (III) includes such additional information as the Secretary determines appropriate; (IV) either— (aa) is signed by such individual or a person acting on such individual’s behalf to acknowledge receipt of such notification; or (bb) if such individual or person refuses to provide the signature described in item (aa), is signed by the staff member of the hospital or critical access hospital who presented the written notification and includes the name and title of such staff member, a certification that the notification was presented, and the date and time the notification was presented; and (V) is written and formatted using plain language and is made available in appropriate languages as determined by the Secretary. .

Passed the House of Representatives March 16, 2015. Karen L. Haas, Clerk

tv_txt: I 114th CONGRESS 1st Session H. R. 876 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend title XVIII of the Social Security Act to require hospitals to provide certain notifications to individuals classified by such hospitals under observation status rather than admitted as inpatients of such hospitals.

1. Short title This Act may be cited as the Notice of Observation Treatment and Implication for Care Eligibility Act or the NOTICE Act . 2. Medicare requirement for hospital notifications of observation status Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— (1) in subparagraph (V), by striking at the end and ; (2) in the first subparagraph (W), by striking at the end the period and inserting a comma; (3) in the second subparagraph (W)— (A) by redesignating such subparagraph as subparagraph (X); and (B) by striking at the end the period and inserting , and ; and (4) by inserting after such subparagraph (X) the following new subparagraph: (Y) beginning 12 months after the date of the enactment of this subparagraph, in the case of a hospital or critical access hospital, with respect to each individual who receives observation services as an outpatient at such hospital or critical access hospital for more than 24 hours, to provide to such individual not later than 36 hours after the time such individual begins receiving such services (or, if sooner, upon release)— (i) such oral explanation of the written notification described in clause (ii), and such documentation of the provision of such explanation, as the Secretary determines to be appropriate; (ii) a written notification (as specified by the Secretary pursuant to rulemaking and containing such language as the Secretary prescribes consistent with this paragraph) which— (I) explains the status of the individual as an outpatient receiving observation services and not as an inpatient of the hospital or critical access hospital and the reasons for such status of such individual; (II) explains the implications of such status on services furnished by the hospital or critical access hospital (including services furnished on an inpatient basis), such as implications for cost-sharing requirements under this title and for subsequent eligibility for coverage under this title for services furnished by a skilled nursing facility; (III) includes such additional information as the Secretary determines appropriate; (IV) either— (aa) is signed by such individual or a person acting on such individual’s behalf to acknowledge receipt of such notification; or (bb) if such individual or person refuses to provide the signature described in item (aa), is signed by the staff member of the hospital or critical access hospital who presented the written notification and includes the name and title of such staff member, a certification that the notification was presented, and the date and time the notification was presented; and (V) is written and formatted using plain language and is made available in appropriate languages as determined by the Secretary. .

Passed the House of Representatives March 16, 2015. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 25 114th CONGRESS 1st Session H. R. 876 [Report No. 114–39, Part I] IN THE HOUSE OF REPRESENTATIVES February 11, 2015 Mr. Doggett (for himself and Mr. Young of Indiana ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , 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 March 13, 2015 Additional sponsors: Mr. Blumenauer and Mr. Rangel March 13, 2015 Reported from the Committee on Ways and Means with an amendment Strike out all after the enacting clause and insert the part printed in italic March 13, 2015 The Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on February 11, 2015 A BILL To amend title XVIII of the Social Security Act to require hospitals to provide certain notifications to individuals classified by such hospitals under observation status rather than admitted as inpatients of such hospitals.

1. Short title This Act may be cited as the Notice of Observation Treatment and Implication for Care Eligibility Act or the NOTICE Act . 2. Medicare requirement for hospital notifications of observation status Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— (1) in subparagraph (V), by striking at the end and ; (2) in the first subparagraph (W), by striking at the end the period and inserting a comma; (3) in the second subparagraph (W)— (A) by redesignating such subparagraph as subparagraph (X); and (B) by striking at the end the period and inserting , and ; and (4) by inserting after such subparagraph (X) the following new subparagraph: (Y) beginning 12 months after the date of the enactment of this subparagraph, in the case of a hospital or critical access hospital, with respect to each individual who receives observation services as an outpatient at such hospital or critical access hospital for more than 24 hours, to provide to such individual not later than 36 hours after the time such individual begins receiving such services (or, if sooner, upon release)— (i) such oral explanation of the written notification described in clause (ii), and such documentation of the provision of such explanation, as the Secretary determines to be appropriate; (ii) a written notification (as specified by the Secretary pursuant to rulemaking and containing such language as the Secretary prescribes consistent with this paragraph) which— (I) explains the status of the individual as an outpatient receiving observation services and not as an inpatient of the hospital or critical access hospital and the reasons for such status of such individual; (II) explains the implications of such status on services furnished by the hospital or critical access hospital (including services furnished on an inpatient basis), such as implications for cost-sharing requirements under this title and for subsequent eligibility for coverage under this title for services furnished by a skilled nursing facility; (III) includes such additional information as the Secretary determines appropriate; (IV) either— (aa) is signed by such individual or a person acting on such individual’s behalf to acknowledge receipt of such notification; or (bb) if such individual or person refuses to provide the signature described in item (aa), is signed by the staff member of the hospital or critical access hospital who presented the written notification and includes the name and title of such staff member, a certification that the notification was presented, and the date and time the notification was presented; and (V) is written and formatted using plain language and is made available in appropriate languages as determined by the Secretary. .

March 13, 2015 Reported from the Committee on Ways and Means with an amendment March 13, 2015 The Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: I One Hundred Fourteenth Congress of the United States of America At the First Session Begun and held at the City of Washington on Tuesday, the sixth day of January, two thousand and fifteen H. R. 876 AN ACT To amend title XVIII of the Social Security Act to require hospitals to provide certain notifications to individuals classified by such hospitals under observation status rather than admitted as inpatients of such hospitals.

1. Short title This Act may be cited as the Notice of Observation Treatment and Implication for Care Eligibility Act or the NOTICE Act . 2. Medicare requirement for hospital notifications of observation status Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— (1) in subparagraph (V), by striking at the end and ; (2) in the first subparagraph (W), by striking at the end the period and inserting a comma; (3) in the second subparagraph (W)— (A) by redesignating such subparagraph as subparagraph (X); and (B) by striking at the end the period and inserting , and ; and (4) by inserting after such subparagraph (X) the following new subparagraph: (Y) beginning 12 months after the date of the enactment of this subparagraph, in the case of a hospital or critical access hospital, with respect to each individual who receives observation services as an outpatient at such hospital or critical access hospital for more than 24 hours, to provide to such individual not later than 36 hours after the time such individual begins receiving such services (or, if sooner, upon release)— (i) such oral explanation of the written notification described in clause (ii), and such documentation of the provision of such explanation, as the Secretary determines to be appropriate; (ii) a written notification (as specified by the Secretary pursuant to rulemaking and containing such language as the Secretary prescribes consistent with this paragraph) which— (I) explains the status of the individual as an outpatient receiving observation services and not as an inpatient of the hospital or critical access hospital and the reasons for such status of such individual; (II) explains the implications of such status on services furnished by the hospital or critical access hospital (including services furnished on an inpatient basis), such as implications for cost-sharing requirements under this title and for subsequent eligibility for coverage under this title for services furnished by a skilled nursing facility; (III) includes such additional information as the Secretary determines appropriate; (IV) either— (aa) is signed by such individual or a person acting on such individual’s behalf to acknowledge receipt of such notification; or (bb) if such individual or person refuses to provide the signature described in item (aa), is signed by the staff member of the hospital or critical access hospital who presented the written notification and includes the name and title of such staff member, a certification that the notification was presented, and the date and time the notification was presented; and (V) is written and formatted using plain language and is made available in appropriate languages as determined by the Secretary. .

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.