PRIOR PRINTER'S NOS. 2785, 3133
PRINTER'S NO. 3334
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY SAYLOR, BOBACK, COHEN, SCHLEGEL CULVER, DAVIDSON, DONATUCCI, EMRICK, ENGLISH, GINGRICH, JAMES, KAUFFMAN, MILLARD, R. MILLER, MULLERY, O'NEILL, PAINTER, PICKETT, ROCK, SCAVELLO, SWANGER, THOMAS, TOEPEL, WATSON, STEPHENS, FRANKEL, MILNE, M. K. KELLER, CALTAGIRONE, GRELL, QUINN, LUCAS, D. MILLER, R. BROWN, HARKINS AND V. BROWN, DECEMBER 11, 2013
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 7, 2014
6Section 1. Short title.
9Section 2. Definitions.
13"Hospital emergency room." An entity within a hospital which
14is organizationally distinct from other outpatient facilities
15and whose primary function is to provide emergency accident and
16emergency medical or surgical care.
1Section 3. Patient notice of observation services.
2(a) Duty.--<-Within 90 days of the effective date of this
3section, a hospital shall provide oral and written notice to a
4patient of the patient's outpatient status, the billing
5implications of the outpatient status and the impact of the
6outpatient status on the patient's Medicare, Medicaid and
7private insurance coverage for the current hospital services,
8including medications and other pharmaceutical supplies and
9coverage for a subsequent discharge to a skilled nursing
10facility or home-based and community-based care <-A hospital shall
11provide notice to a patient or patient's designee of the
12patient's outpatient status, and information that provides a
13general description of outpatient observation status, if all of
14the following apply:
<-22(b) Contents.--The notice under subsection (a) shall include
23disclosure of the cost and ramification of the patient's status
24under subsection (a) and the patient's rights of appeal in
25regard to outpatient status.
26(c) Signature.--The written notice must be signed by the
27patient or the patient's legal representative to acknowledge
28receipt. The written notice must also be signed by the staff
29person who communicates the patient's status.
30Section 4. Training.
1A hospital shall provide training to each staff person that
2communicates outpatient status, billing implication of the
3outpatient status and the impact of the outpatient status on the
4patient's eligibility for Medicare so that a staff person can
5adequately respond to inquiries regarding the communication made
6by a patient and the patient's family.
13(2) final decisions related to outpatient observation
14status can be made after a patient is no longer a patient at
15the hospital and after a patient has received hospital
16services or other services; and
22(1) by written notice; and
26Section 4. Change in status.
27If, during or after a patient receives a hospital service, a
28patient's inpatient stay is later recategorized, a hospital
29shall not be responsible for a coverage implication or notice
30requirement under this act.
1Section 5. Expiration.
2(a) Notice.--If the Federal Government amends 42 CFR
3409.30(a)(1) (relating to basic requirements) to eliminate or
4modify the Medicare three-day qualifying hospital stay
5requirement in a manner that makes the notification required
6under section 3 unnecessary, the Secretary of Health shall
7submit notice of the amendment for publication in the
11Section 40. Effective date.