,,ii #aaeth ,,congress #ast ,session ,s4 #aacj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjag,mr4 ,grassley 7for himself1 ,ms4 ,klobuchar1 and ,mr4 ,gardner7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend title ,,xviii of the ,social ,security ,act to create a sustainable future for rural healthcare4 #a4 ,short title ,this ,act may be cited as the ,rural ,emergency ,acute ,care ,hospital ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,according to the ,university of ,north ,carolina's ,center for ,health ,services ,research1 #ee rural hospitals have closed in the ,unites ,states since ,january #bjaj4 7#b7 ,in #bjad1 i,vantage conducted a study for the ,national ,rural ,health ,association and found #bhc hospitals at risk of closure based upon performance indicators that matched those facilities already forced to close in this decade4 7#c7 ,researchers at the ,university of ,north ,carolina identified inpatient volume as a substantial contributing factor to the financial performance of rural hospitals1 with many of the at-risk hospitals having an average daily bed census of less than two4 7#d7 ,adverse impacts to the local economy and the loss of timely access to emergency medical care are #b major effects of rural hospital closures4 7#e7 ,according to the ,national ,center for ,rural ,health ,works1 the typical rural hospital creates over #adj jobs and generates #f1hjj1jjj in compensation while serving an average population of #ad1fjj4 7#f7 ,the #bjad i,vantage study estimates that the #bhc at-risk hospitals could result in the loss of #cf1jjj health care jobs1 #ej1jjj community jobs1 and #aj1fjj1jjj1jjj in gross domestic product4 7#g7 ,time is the most critical factor for achieving successful outcomes in emergency medicine1 and emergency medical clinicians refer to the time-sensitive period during which successful outcomes may be best achieved as the golden hour4 7#h7 ,the ,national ,conference of ,state ,legislatures states that #fj percent of trauma deaths in the ,united ,states occur in rural areas1 where only #ae percent of the population is represented4 7#i7 ,the disproportionate percentage of trauma deaths in rural areas is likely attributable in large part to a combination of response time to the scene and distance to the nearest emergency room to stabilize trauma victims4 7#aj7 ,the percentage of trauma deaths occurring in rural areas could continue to increase as more rural hospitals close1 further limiting access to emergency services and requiring patients to travel longer distances to receive emergency medical care4 7#aa7 ,the creation of a rural emergency hospital designation under the ,medicare program will allow facilities in rural areas to provide emergency medical services without having to maintain inpatient beds4 7#ab7 ,in addition to providing emergency care1 rural emergency hospitals could convert the space previously used for inpatient services to provide other medical services including1 but not limited to1 observation care1 skilled nursing facility care1 infusion services1 hemodialysis1 home health1 hospice1 nursing home care1 population health1 and telemedicine services4 #c4 ,rural emergency hospital program 7a7 ,in general 7#a7 ,rural emergency hospital and services defined ,section #ahfa of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7 is amended-- 7,a7 in subsection 7e71 in the last sentence of the matter following paragraph 7#i71 by inserting or a rural emergency hospital 7as defined in section #ahfa7;jjj77#a77 before the period at the end2 and 7,b7 by adding at the end the following subsection3 7jjj7 ,rural ,emergency ,hospital2 ,rural ,emergency ,hospital ,outpatient ,services 7#a7 ,the term rural emergency hospital means a facility that-- 7,a7 7i7 as of ,december #ca1 #bjaf-- 7,i7 was a critical access hospital2 or 7,,ii7 was a hospital with not more than #ej beds located in a county 7or equivalent unit of local government7 in a rural area 7as defined in section #ahhf7;d77#b77;,d771 or was a hospital with not more than #ej beds that was treated as being located in a rural area pursuant to section #ahhf7;d77#h77;,e72 or 7ii7 was a critical access hospital described in clause 7i77,i7 or a hospital described in clause 7i77,,ii7 that ceased operations during the period beginning on the date that is #e years prior to the date of the enactment of this subsection and ending on ,december #cj1 #bjaf2 7,b7 provides #bd-;hour emergency medical care and observation care that does not exceed an annual per patient average of #bd hours or more than #a midnight2 7,c7 does not provide any acute care inpatient beds and has protocols in place for the timely transfer of patients who require acute care inpatient services or other inpatient services2 7,d7 has elected to be designated as a rural emergency hospital2 7,e7 has received approval to operate as a rural emergency hospital from the ,state under section #ahcd7v77#c77;,a72 and 7,f7 is certified by the ,secretary under section #ahcd7v77#c77;,b74 7#b7 ,the term rural emergency hospital outpatient services means medical and other health services furnished by a rural emergency hospital on an outpatient basis4 7#c7 ,nothing in this subsection or section #ahcd7v77#c7 shall be construed to prohibit a rural emergency hospital from providing extended care services4 4 7#b7 ,payment for rural emergency hospital services 7,a7 ,in general ,section #ahcc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7a77 is amended-- 7i7 in paragraph 7#h71 by striking and at the end2 7ii7 in paragraph 7#i71 by striking the period at the end and inserting 2 and2 and 7iii7 by inserting after paragraph 7#i7 the following new paragraph3 7#aj7 in the case of rural emergency hospital emergency services and services provided by a rural emergency hospital or other provider of ambulance services to transport patients who require acute care inpatient services or other inpatient services from such rural emergency hospital to a hospital or critical access hospital1 the amounts described in section #ahcd7v74 4 7,b7 ,payment amount ,section #ahcd of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7 is amended by adding at the end the following subsection3 7v7 ,payment rules relating to rural emergency hospitals 7#a7 ,payment for rural emergency hospital outpatient services 7,a7 ,in general ,the amount of payment for rural emergency hospital outpatient services of a rural emergency hospital is equal to #aaj percent of the reasonable costs of providing such services4 7,b7 ,telehealth services ,for purposes of this paragraph1 in determining the reasonable costs of providing rural emergency hospital outpatient services1 costs associated with having a backup physician available via a telecommunications system shall be considered reasonable costs4 7#b7 ,payment for transportation services ,the amount of payment for services provided by a rural emergency hospital or other provider of ambulance services to transport patients who require acute care inpatient services or other inpatient services from such rural emergency hospital to a hospital or critical access hospital is equal to #aaj percent of the reasonable costs of providing such services4 7#c7 ,requirements for rural emergency hospitals 7,a7 ,state approval to operate as a rural emergency hospital ,no payment shall be made under this subsection to a facility1 or to a provider of ambulance services providing transportation services from such facility1 unless the ,state in which the facility is located has approved the facility's designation as a rural emergency hospital4 7,b7 ,certification of rural emergency hospital 7i7 ,in general ,no payment shall be made under this subsection to a facility1 or to a provider of ambulance services providing transportation services from such facility1 unless the facility has been certified by the ,secretary as a rural emergency hospital4 7ii7 ,certification requirements ,the ,secretary shall certify a facility as a rural emergency hospital if the facility-- 7,i7 meets the criteria for rural emergency hospitals described in subparagraphs 7,a7 through 7,e7 of section #ahfa7;jjj77#a72 7,,ii7 either-- 7aa7 is verified by the ,american ,college of ,surgeons or a ,state as having the resources required of a level ,,iv trauma center or higher2 or 7bb7 employs healthcare professionals that successfully completed within the preceding #d years-- 7,,aa7 the ,advanced ,trauma ,life ,support ,course offered by the ,american ,college of ,surgeons2 or 7,,bb7 another trauma training program for healthcare professionals that is accepted by a ,state trauma system for certification purposes2 7,,iii7 has in effect a transfer agreement with a level ,i or level ,,ii trauma center2 and 7,,iv7 meets such staff training and certification requirements as the ,secretary may require4 7#d7 ,coinsurance 7,a7 ,in general ,the amount of payment for rural emergency hospital services or transportation services made to a rural emergency hospital or other provider of ambulance services under this subsection shall be reduced by the coinsurance amount described in subparagraph 7,b74 7,b7 ,coinsurance amount ,the coinsurance amount described in this subparagraph1 with respect to an item or service provided by a rural emergency hospital or provider of ambulance services1 shall be calculated in the same manner as the coinsurance amount for an outpatient critical access hospital service is calculated under section #ahff7;a77#b74 4 7b7 ,waiver of distance requirement for replacement ,c,a,hs2 subsequent redesignation of rural emergency hospitals as ,c,a,hs ,section #ahbj7;c77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#d7;c77#b77 is amended-- 7#a7 in subparagraph 7,b77i77,i71 by inserting subject to subparagraph 7,f71 before is located2 and 7#b7 by adding at the end the following new subparagraphs3 7,f7 ,option to waive distance requirement ,beginning on the date of the enactment of this subparagraph1 for every critical access hospital located in a ,state that is certified as a rural emergency hospital under section #ahcd7v77#c77;,b71 the ,state shall have the option of waiving the distance requirement described in subparagraph 7,b77i77,i7 with respect to another facility located in the ,state that is seeking designation as a critical access hospital under this paragraph4 7,g7 ,redesignation of a rural emergency hospital as a critical access hospital ,a rural emergency hospital that was previously designated as a critical access hospital under this paragraph may elect to be redesignated as a critical access hospital 7in the same manner that the hospital was originally designated as a critical access hospital7 at any time1 subject to such conditions as the ,secretary may establish4 4 7c7 ,studies and reports 7#a7 ,studies ,the ,secretary of ,health ,human ,services shall conduct #c studies to evaluate the impact of rural emergency hospitals on the availability of health care and health outcomes in rural areas 7as defined in section #ahhf7;d77#b77;,d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7d77#b77;,d7774 ,the ,secretary shall conduct a study-- 7,a7 #b years after the date of the enactment of this ,act2 7,b7 #e years after the date of the enactment of this ,act2 and 7,c7 #aj years after the date of the enactment of this ,act4 7#b7 ,reports ,not later than #f months after each date that the ,secretary of ,health ,human ,services is required to conduct a study under paragraph 7#a71 the ,secretary shall submit a report to ,congress containing the results of each such study4 7d7 ,effective date ,the amendments made by this section shall apply to items and services furnished on or after the date that is #a year after the date of the enactment of this ,act4 #d4 ,inclusion of emergency medicine as health services under the ,national ,health ,service ,corps ,section #cca7;a77#c77;,d7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;d7a77#c77;,d77 is amended by inserting 1 and includes emergency medicine provided by physicians in a rural emergency hospital 7as defined in section #ahfa7;jjj7 of the ,social ,security ,act7 before the period4 #e4 ,permitting hospitals with approved residency programs in emergency medicine to include time spent by interns and residents in the emergency department of a rural hospital in full-time equivalent count 7a7 ,indirect medical education ,section #ahhf7;d77#e77;,b77iv7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7d77#e77;,b77iv77 is amended by adding at the end the following new subclause3 7,,iii7 ,effective for discharges occurring on or after ,october #a1 #bjag1 all of the time spent in patient care activities in the emergency department of a rural hospital by interns and residents in emergency medicine from a hospital with an approved medical residency training program 7as defined in subsection 7h77#e77;,a77 in such specialty shall be included in determining the number of full-time equivalent interns and residents in such program if the hospital with such program incurs the costs of the stipends and fringe benefits of the interns or residents during the time the interns or residents spend in that rural hospital in accordance with subclause 7,,ii74 ,in this subclause1 the term rural hospital means a hospital that is located in a rural area 7as defined for purposes of paragraph 7#b77;,d774 4 7b7 ,direct medical education ,section #ahhf7;h77#d77;,e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie7;h77#d77;,e77 is amended-- 7#a7 in clause 7ii71 by striking the period at the end and inserting 2 and2 7#b7 by inserting after clause 7ii7 the following new clause3 7iii7 effective for cost reporting periods beginning on or after ,july #a1 #bjag1 all of the time so spent in the emergency department of a rural hospital by residents in emergency medicine from a hospital with an approved medical residency training program in such specialty shall be counted towards the determination of full-time equivalency in such program if the hospital with such program bears all1 or substantially all1 of the costs of training such residents in the rural hospital4 ,in this subparagraph1 the term rural hospital means a hospital that is located in a rural area 7as defined for purposes of subsection 7d77#b77;,d774 2 and 7#c7 by adding at the end the following new sentence3 ,for purposes of this subparagraph1 the emergency department of a rural hospital described in clause 7iii7 is a nonprovider setting44