Smith Reintroduces Bipartisan Legislation to Protect Seniors' Access to Critical Care

Statement

Date: Feb. 10, 2022

Today, Congressman Adrian Smith (R-NE) and Congresswoman Terri Sewell (D-AL) reintroduced bipartisan legislation to repeal the Centers for Medicare and Medicaid Services (CMS) 96-Hour rule for Critical Access Hospitals.

The bill, the Critical Access Hospital Relief Act, would repeal the 96-Hour Rule, which requires physicians at Critical Access Hospitals to certify at the time of admission a patient on Medicare will not be admitted longer than 96 hours. Hospitals that fail to transfer these patients after 96 hours face non-reimbursement.

The members released the following statements:

"Health care providers have worked tirelessly over the last two years to treat patients during an unprecedented global pandemic," said Rep. Smith. "The last thing hospitals need, especially facilities in rural areas that are already stretched thin, are burdensome regulations that take time away from patient care. My bipartisan bill would ensure Critical Access Hospital providers can take care of their patients without being forced to navigate a complicated and unnecessary maze of red tape."

"Our rural hospitals have been on the front lines in the fight against COVID-19, providing lifesaving care to our most vulnerable and underserved communities," said Rep. Sewell. "Tragically, many of these same hospitals have been struggling to keep their doors open, putting at risk the well-being of rural communities in Alabama's 7th District and across this nation. With our bipartisan Critical Access Hospital Relief Act, we're providing urgently needed relief so that hospitals can keep their doors open and focus on caring for their patients instead of complying with burdensome and outdated payment rules."

The Critical Access Hospital Relief Act is supported by the American Hospital Association (AHA) and the Nebraska Hospital Association (NHA).

The groups released the following statements applauding the legislation:

Lisa Kidder Hrobsky, AHA Senior Vice President, said:

"Critical Access Hospitals play an essential, life-saving role in ensuring access to health care in rural communities. We applaud Representatives Smith and Sewell for their leadership in working to remove an outdated and unnecessary payment rule that makes it harder to provide needed services for patients at these facilities."

Jeremy Nordquist, NHA President, said:

"Critical access hospitals are the foundation of health care in rural Nebraska and rural patients should be allowed to seek care in a familiar setting closer to where they live. The NHA is grateful to Congressman Smith for his leadership on this important issue."

Brett Eggleston, CEO of Callaway District Hospital in Callaway, NE, and a member of the Nebraska Hospital Association, said:

"The 96-hour rule is an arbitrary requirement that can force Critical Access Hospitals to discharge patients too early or transfer them to tertiary facilities unnecessarily. It has become abundantly clear during the COVID pandemic that Critical Access Hospitals must be able to keep patients for greater than 96 hours. The repeal of the 96-hour requirement will allow hospitals and physicians more flexibility in providing appropriate care for patients in our local facilities. "


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