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HR 772119th CongressIn Committee

Rural ER Access Act

Introduced: Jan 28, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Rural ER Access Act is a short bill that would require the Secretary of Health and Human Services to revise Medicare regulations so that an off-campus facility or organization is no longer required to be located within 35 miles of a hospital or critical access hospital in order to qualify for provider-based status. Specifically, the bill directs the Secretary to revise 42 U.S.C. 413.65(e)(3)(i) (as codified in 42 CFR) to remove this distance requirement. The change would need to happen within 60 days after enactment. The intent appears to be broadening eligibility for provider-based status for off-campus facilities, potentially including rural emergency rooms, by removing a geographic proximity constraint.

Key Points

  • 1The bill removes the 35-mile location requirement for off-campus facilities to qualify for Medicare provider-based status.
  • 2The directive targets 42 CFR 413.65(e)(3)(i) (or any successor regulation) to implement the change.
  • 3The Secretary of Health and Human Services must complete the regulatory revision no later than 60 days after enactment.
  • 4The change applies to the mechanism by which an off-campus facility is deemed provider-based, tied to a hospital’s main provider status.
  • 5The bill is titled the “Rural ER Access Act” and was introduced in the House (H.R. 772) on January 28, 2025; it has been referred to the Committee on Energy and Commerce and the Committee on Ways and Means.

Impact Areas

Primary group/area affected: Off-campus facilities and organizations (including rural emergency departments) that seek Medicare provider-based status, and hospitals that own or oversee those facilities.Secondary group/area affected: Medicare payment policy and administration (CMS), hospital networks, rural health providers, and patients receiving care at off-campus facilities connected to a hospital.Additional impacts:- Potential changes in reimbursement eligibility and billing practices for off-campus facilities, which could affect cash flows for rural providers.- Possible improvements in access to emergency care in rural areas if more off-campus facilities can qualify as provider-based with hospital affiliation.- Regulatory and oversight considerations may shift, as CMS would implement the revised regulation and ensure compliance with provider-based status criteria beyond geographic proximity.
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