Improving Access to Medicare Coverage Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3954 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3954

 To amend title XVIII of the Social Security Act to count a period of
    receipt of outpatient observation services in a hospital toward
 satisfying the 3-day inpatient hospital stay requirement for coverage
  of skilled nursing facility services under Medicare, and for other
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2025

 Mr. Courtney (for himself, Mr. Thompson of Pennsylvania, Ms. DelBene,
and Mr. Estes) 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 count a period of
    receipt of outpatient observation services in a hospital toward
 satisfying the 3-day inpatient hospital stay requirement for coverage
  of skilled nursing facility services under Medicare, and for other
                               purposes.

    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 ``Improving Access to Medicare
Coverage Act of 2025''.

SEC. 2. COUNTING A PERIOD OF RECEIPT OF OUTPATIENT OBSERVATION SERVICES
              IN A HOSPITAL TOWARD THE 3-DAY INPATIENT HOSPITAL STAY
              REQUIREMENT FOR COVERAGE OF SKILLED NURSING FACILITY
              SERVICES UNDER MEDICARE.

    (a) In General.--Section 1861(i) of the Social Security Act (42
U.S.C. 1395x(i)) is amended by adding at the end the following: ``For
purposes of this subsection, an individual receiving outpatient
observation services shall be deemed to be an inpatient during such
period, and the date such individual ceases receiving such services
shall be deemed the hospital discharge date (unless such individual is
admitted as a hospital inpatient at the end of such period).''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to receipt of outpatient observation services beginning on or
after January 1, 2026, but applies to a period of post-hospital
extended care services that was completed before the date of the
enactment of this Act only if an administrative appeal is or has been
made with respect to such services not later than 90 days after the
date of the enactment of this Act. Notwithstanding any other provision
of law, the Secretary of Health and Human Services may implement such
amendment through an interim final regulation, program instruction, or
otherwise.
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