Creating Capacity for Communities in Need Act
This bill provides for an exception, during the national emergency relating to COVID-19 (i.e., coronavirus disease 2019), to provisions under the Stark law (i.e., the Physician Self-Referral Law) that prohibit physician-owned hospitals from expanding facility capacity.
Specifically, the bill excludes from such restrictions any increase in operating rooms, procedure rooms, or beds for which a hospital is licensed or begins construction during the period of March 13, 2020, through the last day of the national emergency.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7168 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7168
To amend title XVIII of the Social Security Act to waive limitations on
expansion of facility capacity under rural provider and hospital
exception to ownership or investment prohibition during coronavirus
2020 emergency period.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2020
Mr. Gonzalez of Texas (for himself and Mr. Burgess) 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 waive limitations on
expansion of facility capacity under rural provider and hospital
exception to ownership or investment prohibition during coronavirus
2020 emergency period.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Capacity for Communities in
Need Act''.
SEC. 2. WAIVER OF LIMITATIONS ON EXPANSION OF FACILITY CAPACITY UNDER
RURAL PROVIDER AND HOSPITAL EXCEPTION TO OWNERSHIP OR
INVESTMENT PROHIBITION DURING CORONAVIRUS 2020 EMERGENCY
PERIOD.
Section 1877(i)(1)(B) of the Social Security Act (42 U.S.C.
1395nn(i)(1)(B)) is amended--
(1) by striking ``capacity.--Except as provided in
paragraph (3), the number'' and inserting ``capacity.--
``(i) In general.--Except as provided in paragraph
(3) and subject to clause (ii), the number;''; and
(2) by adding at the end the following new clause:
``(ii) Exception during coronavirus 2020
emergency period.--
``(I) In general.--The limitation
under clause (i) shall not apply with
respect to any increase in the number
of operating rooms, procedure rooms, or
beds for which a hospital is licensed
during the coronavirus 2020 emergency
period, or for which the hospital
begins construction during the
coronavirus 2020 emergency period
regardless of whether the hospital is
an applicable hospital (as defined in
paragraph (3)(E)) or is a high Medicaid
facility described in paragraph (3)(F),
and the hospital's baseline number of
operating rooms, procedure rooms, and
beds for purposes of compliance with
this subparagraph shall be
automatically modified to reflect such
increase on a permanent basis.
``(II) Cornavirus 2020 emergency
period defined.--For purposes of this
clause, the `coronavirus 2020 emergency
period' is the period beginning on
March 13, 2020, and ending on the last
day on which the emergency declared by
the President under section 501 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5191) with respect to SARS-CoV-2 and
coronavirus disease 2019 (abbreviated
as COVID-19) is in effect.''.
<all>
Introduced in House
Introduced in House
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.
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.
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