United States 115th Congress Status: In Committee 1 R cosponsors

HR 4701 — CARES Act of 2017

Last action — Referred to the Subcommittee on Health.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Creating Access to Rehabilitation for Every Senior Act of 2017 or the CARES Act of 2017 This bill eliminates the three-day prior-hospitalization requirement for Medicare coverage of certain skilled-nursing-facilities services. The Medicare Payment Advisory Commission must study the cost of impact of such elimination.

Bill Text

Sections of law this bill changes

1 section in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Social security · 42 U.S.C. ch. 7 1 section
  • § 1395d Scope of benefits Amends

    42 U.S.C. § 1395d

    The law today

    (a) Entitlement to payment for inpatient hospital services, post-hospital extended care services, home health services, and hospice care The benefits provided to an individual by the insurance program under this part shall consist of entitlement to have payment made on his behalf or, in the case of payments referred to in section 1395f(d)(2) of this title to him (subject to the provisions of this part) for— (1) inpatient hospital services or inpatient critical access hospital services for up to 150 days during any spell of illness minus 1 day for each day of such services in excess of 90 received during any preceding spell of illness (if such individual was entitled to have payment for such services made under this part unless he specifies in accordance with regulations of the Secretary that he does not desire to have such payment made); (2) (A) post-hospital extended care services for up to 100 days during any spell of illness, and (B) to the extent provided in subsection (f), extended care services that are not post-hospital extended care services; (3) in the case of individuals not enrolled in part B, home health services, and in the case of individuals so enrolled, post-institutional home health services furnished during a home health spell of illness for up to 100 visits during such spell of illness; (4) in lieu of certain other benefits, hospice care with respect to the individual during up to two periods of 90 days each and an unlimited number of subsequent periods of 60 days each with respect to which the individual makes an election under subsection (d)(1); and (5) for individuals who are terminally ill, have not made an election under subsection (d)(1), and have not previously received services under this paragraph, services that are furnished by a physician (as defined in section 1395x(r)(1) of this title) who is either the medical director or an employee of a hospice program and that— (A) consist of— (i) an evaluation of the individual’s need for pain and symptom management, including the individual’s need for hospice care; and (ii) counseling the individual with respect to hospice care and other care options; and (B) may include advising the individual regarding advanced care planning. (b) Services not covered Payment under this part for services furnished an individual during a spell of illness may not (subject to subsection (c)) be made for— (1) inpatient hospital services furnished to him during such spell after such services have been furnished to him for 150 days during such spell minus 1 day for each day of inpatient hospital services in excess of 90 received during any preceding spell of illness (if such individual was entitled to have payment for such services made under this part unless he specifies in accordance with regulations of the Secretary that he does not desire to have such payment made); (2) post-hospital extended care services furnished to him during such spell after such services have been furnished to him for 100 days during such spell; or (3) inpatient psychiatric hospital services furnished to him after such services have been furnished to him for a total of 190 days during his lifetime. Payment under this part for post-institutional home health services furnished an individual during a home health spell of illness may not be made for such services beginning after such services have been furnished for a total of 100 visits during such spell. (c) Inpatients of psychiatric hospitals If an individual is an inpatient of a psychiatric hospital on the first day of the first month for which he is entitled to benefits under this part, the days on which he was an inpatient of such a hospital in the 150-day period immediately before such first day shall be included in determining the number of days limit under subsection (b)(1) insofar as such limit applies to (1) inpatient psychiatric hospital services, or (2) inpatient hospital services for an individual who is an inpatient primarily for the dia...

    21 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

How this bill changes current law

6 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill eliminates the 3-day prior hospitalization requirement for Medicare coverage of certain skilled nursing facility services.

  • 42 U.S.C. 1395d

    Not applicable → (f) Coverage of Extended Care Services Without a 3-Day Prior Hospitalization for Qualified Skilled Nursing Facility.-- (1) In general.--Effective for extended care services furnished pursuant to an admission to a skilled nursing facility that occurs more than 90 days after the date of the enactment of the Creating Access to Rehabilitation for Every Senior Act of 2017, coverage shall be provided under this part for an individual for such services in a qualified skilled nursing facility that are not post-hospital extended care services.

    It establishes new coverage criteria for skilled nursing facility services without requiring prior hospitalization.

  • 42 U.S.C. 1395d

    Not applicable → (2) Continued application of certification and other requirements and provisions.--The requirements of the following provisions shall apply to extended care services provided under paragraph (1) in the same manner as they apply to post-hospital extended care services: (A) Paragraphs (2) and (6) of section 1814(a), except that the requirement of paragraph (2)(B) of such section shall not apply insofar as it relates to any required prior receipt of inpatient hospital services.

    It ensures that other existing certification and requirement provisions also apply to the new coverage for skilled nursing facility services.

  • 42 U.S.C. 1395d

    Not applicable → (3) Qualified skilled nursing facility defined.-- (A) In general.--In this subsection, the term `qualified skilled nursing facility' means a skilled nursing facility that the Secretary determines-- (i) subject to subparagraphs (B) and (C), based upon the most recent ratings under the system established for purposes of rating skilled nursing facilities under the Medicare Nursing Home Compare program, has an overall rating of 3 or more stars or a score of 4 stars or higher on the individual quality domain or on the staffing quality domain; and (ii) is not subject to a quality-of-care corporate integrity agreement (relating to one or more programs under this Act) that is in effect with the Inspector General of the Department of Health and Human Services and that requires the facility to retain an independent quality monitor.

    It defines the criteria for what constitutes a 'qualified skilled nursing facility' eligible for the new coverage.

  • 42 U.S.C. 1395d

    Not applicable → (B) Waiver of ratings to ensure access.--The Secretary may, upon application, waive the requirement of subparagraph (A)(i) for a skilled nursing facility in order to ensure access to extended care services that are not post-hospital extended care services in particular underserved geographic areas.

    It allows flexibility in qualification for skilled nursing facilities in underserved areas.

  • 42 U.S.C. 1395d

    Not applicable → (C) Grace period for correction of ratings.--In the case of a skilled nursing facility that qualifies as a qualified skilled nursing facility for a period and that would be disqualified under subparagraph (A)(i) because of a decline in its star rating, before disqualifying the facility the Secretary shall provide the facility with a grace period of 1 year during which the facility seeks to improve its ratings based on a plan of correction approved by the Secretary.

    It provides a grace period for facilities that decline in rating, allowing them time to improve without immediate disqualification.

  • 42 U.S.C. 1395d

    Not applicable → (D) Holding beneficiaries harmless in case of disqualification of a facility.--In the case of a skilled nursing facility that qualifies as a qualified skilled nursing facility for a period and that is disqualified under subparagraph (A), such disqualification shall not apply to or affect individuals who are admitted to the facility at the time of the disqualification.

    It protects current beneficiaries in a facility from losing coverage due to the facility being disqualified.

Action History

  1. Referred to the Subcommittee on Health.

  2. Introduced in House

  3. Introduced in House

  4. Referred to the House Committee on Ways and Means.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 4701 do?
Creating Access to Rehabilitation for Every Senior Act of 2017 or the CARES Act of 2017 This bill eliminates the three-day prior-hospitalization requirement for Medicare coverage of certain skilled-nursing-facilities services. The Medicare Payment Advisory Commission must study the cost of impact of such elimination.
Who sponsors HR 4701?
HR 4701 is sponsored by Renacci, James B. (Republican).
What is the current status of HR 4701?
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 4701?
Track HR 4701 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HR 4701

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of HR 4701

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →