Sec. 2. Requiring hospitals participating in Medicare to develop discharge plans for pregnant individuals
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Section 1866 of the Social Security Act ( 42 U.S.C. 1395cc ) is amended— in subsection (a)(1)— in subparagraph (X), by striking and at the end; in subparagraph (Y), by striking the period at the end and inserting , and ; and by adding at the end the following new subparagraph: beginning January 1, 2027, in the case of a hospital, critical access hospital, or rural emergency hospital, to comply with the requirements described in subsection (l)(1). ; and by adding at the end the following new subsection:
For purposes of subsection (a)(1)(Z), the requirements described in this paragraph are, with respect to a hospital, critical access hospital, or rural emergency hospital, that the hospital— provides for the development and implementation of a discharge plan meeting the standards under paragraph
(2)with respect to any individual (whether or not eligible for benefits under this title) admitted to the hospital who— is identified as pregnant; is experiencing signs or symptoms consistent with labor, which may include contractions; and is expected to be discharged from the hospital, critical access hospital, or rural emergency hospital prior to delivery, as determined based on the documented clinical judgment of the treating physician or practitioner at the time that such discharge is contemplated; includes such discharge plan in the individual’s medical record; and provides for such discharge plan to be discussed with the individual (or the individual’s representative) prior to discharge. A discharge plan for an individual described in paragraph (1)(A) meets the standards under this paragraph if such plan includes at least the following information: A clinical justification for the discharge. An assessment of travel distance and time between the primary residence of the individual and the hospital, critical access hospital, or rural emergency hospital. Verification of reliable transportation between the primary residence of the individual and the hospital, critical access hospital, or rural emergency hospital. Identification of a back-up hospital or facility at which such individual may obtain labor and delivery services. Confirmation that the plan was reviewed and approved by a qualified medical professional (as defined by the Secretary through regulations). Confirmation that the individual (or the individual’s representative) has received the information described in subparagraphs
(A)through (D), that such information was provided in the primary language of such individual (or representative), and that such individual (or representative) confirmed their understanding of such information. Nothing in this subsection shall be construed as limiting or otherwise affecting the discharge planning requirements otherwise applicable to a hospital, critical access hospital, or rural emergency hospital under this title. .
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Sec. 2
Requiring hospitals participating in Medicare to develop discharge plans for pregnant individuals
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