[114th Congress Public Law 42]
[From the U.S. Government Publishing Office]
[[Page 129 STAT. 468]]
Public Law 114-42
114th Congress
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. <<NOTE: Aug. 6, 2015 - [H.R. 876]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Notice of
Observation Treatment and Implication for Care Eligibility Act. 42 USC
1305 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notice of Observation Treatment and
Implication for Care Eligibility Act'' or the ``NOTICE Act''.
SEC. 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) <<NOTE: Effective date. Deadline.>> 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) <<NOTE: Regulations.>> 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;
[[Page 129 STAT. 469]]
``(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) <<NOTE: Certification.>> 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.''.
Approved August 6, 2015.
LEGISLATIVE HISTORY--H.R. 876 (S. 1349):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 114-39, Pt. 1 (Comm. on Ways and Means).
SENATE REPORTS: No. 114-107 (Comm. on Finance) accompanying S. 1349.
CONGRESSIONAL RECORD, Vol. 161 (2015):
Mar. 16, considered and passed House.
July 27, considered and passed Senate.
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