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S. 3085: HARMON Oklahoma Act


The text of the bill below is as of Oct 27, 2021 (Introduced).


II

117th CONGRESS

1st Session

S. 3085

IN THE SENATE OF THE UNITED STATES

October 27, 2021

(for himself and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To assist in the transition of a certain hospital to a Medicare rural emergency hospital, and for other purposes.

1.

Short title

This Act may be cited as the Helping Account for Rural Medical Outpatient Needs in Oklahoma Act or the HARMON Oklahoma Act.

2.

Assistance in the transition of a certain hospital to a Medicare rural emergency hospital

(a)

Special rule

In the case of a critical access hospital (as defined in section 1861(mm) of the Social Security Act (42 U.S.C. 1395x(mm))) with a Centers for Medicare & Medicaid Services certification number of 371338, the following shall apply:

(1)

Pursuant to the June 11, 2021, Centers for Medicare & Medicaid Services letter sent to the critical access hospital—

(A)

the Secretary of Health and Human Services (referred to in this section as the Secretary) shall suspend the running of the twenty-four month extension mentioned in the October 15, 2019, letter to the hospital during the COVID–19 public health emergency; and

(B)

the hospital shall have 19.7 months after the end of the COVID–19 public health emergency to notify the Centers for Medicare & Medicaid Services of the hospital's intent to either convert to an acute care hospital, transition to a rural emergency hospital under section 1861(kkk) of the Social Security Act (42 U.S.C. 1395x(kkk)) (if the hospital qualifies as such), or terminate as a critical access hospital.

(2)

Prior to the end of the 19.7 months described in paragraph (1)(B), the Secretary shall not take an adverse redesignation action with respect to the critical access hospital status of the hospital as long as the hospital continues to meet all of the requirements for designation as a critical access hospital other than the distance requirement under section 1820(c)(2)(B)(i) of such Act (42 U.S.C. 1395i–4(c)(2)(B)(i)).

(3)

If, prior to the end of the 19.7 months described in paragraph (1)(B), the critical access hospital notifies the Secretary of the hospital's intention to transition to a rural emergency hospital, the Secretary—

(A)

shall give priority to the processing of the request for such transition; and

(B)

shall not take an adverse redesignation action with respect to the critical access hospital status of the hospital prior to the later of—

(i)

the end of the 19.7 months described in paragraph (1)(B); or

(ii)

the date the Secretary makes a final determination with respect to such request.

(b)

Timeline for regulations

(1)

In general

The Secretary shall—

(A)

not later than July 1, 2022, promulgate a proposed rule to carry out the provisions of, and amendments made by, section 125 of division CC of the Consolidated Appropriations Act, 2021 (Public Law 116–260); and

(B)

not later than November 1, 2022, promulgate a final rule to carry out such provisions and amendments.

(2)

Additional information

The Secretary shall ensure that the proposed and final rules required under paragraph (1) contain a description of the additional information that will be required under section 1861(kkk)(4) of the Social Security Act (42 U.S.C. 1395x(kkk)(4)).