1. Short title
This Act may be cited as the “Creating Capacity for Communities in Need Act”.
Creating Capacity for Communities in Need Act
A BILL
To amend title XVIII of the Social Security Act to waive limitations on expansion of facility capacity under rural provider and hospital exception to ownership or investment prohibition during coronavirus 2020 emergency period.
2. Waiver of limitations on expansion of facility capacity under rural provider and hospital exception to ownership or investment prohibition during coronavirus 2020 emergency period
Section 1877(i)(1)(B) of the Social Security Act (42 U.S.C. 1395nn(i)(1)(B)) is amended—
by striking “capacity.—Except as provided in paragraph (3), the number” and inserting
“(i) In general—Except as provided in paragraph (3) and subject to clause (ii), the number;”
by adding at the end the following new clause:
“(ii) Exception during coronavirus 2020 emergency period
“(I) In general—The limitation under clause (i) shall not apply with respect to any increase in the number of operating rooms, procedure rooms, or beds for which a hospital is licensed during the coronavirus 2020 emergency period, or for which the hospital begins construction during the coronavirus 2020 emergency period regardless of whether the hospital is an applicable hospital (as defined in paragraph (3)(E)) or is a high Medicaid facility described in paragraph (3)(F), and the hospital’s baseline number of operating rooms, procedure rooms, and beds for purposes of compliance with this subparagraph shall be automatically modified to reflect such increase on a permanent basis.
“(II) Cornavirus 2020 emergency period defined—For purposes of this clause, the “coronavirus 2020 emergency period” is the period beginning on March 13, 2020, and ending on the last day on which the emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) with respect to SARS–CoV–2 and coronavirus disease 2019 (abbreviated as COVID–19) is in effect.”