ICU Bed Act of 2026

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 8271 Introduced in House (IH)]

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119th CONGRESS 2d Session H. R. 8271

To amend title XVIII of the Social Security Act to require that hospitals report intensive care unit bed availability in real time as a condition of participation under the Medicare program.

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IN THE HOUSE OF REPRESENTATIVES

April 14, 2026

Mr. Obernolte (for himself and Mrs. Dingell) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL

To amend title XVIII of the Social Security Act to require that hospitals report intensive care unit bed availability in real time as a condition of participation under the Medicare program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Improving Care Utilization through Bed Exchange and Data Sharing Act of 2026'' or the ``ICU Bed Act of 2026''.

SEC. 2. REQUIRING HOSPITALS TO REPORT BED AVAILABILITY IN REAL TIME AS A MEDICARE CONDITION OF PARTICIPATION.

(a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (X), by striking ``and'' at the end; (B) in subparagraph (Y), by striking the period at the end and inserting ``, and''; and (C) by inserting after subparagraph (Y) the following new subparagraph: ``(Z) beginning 1 year after the date of the enactment of this subparagraph, in the case of a hospital, critical access hospital, or rural emergency hospital, to comply with the real- time intensive care unit bed availability requirements described in subsection (l).''; and (2) by adding at the end the following new subsection: ``(l) Real-Time Intensive Care Unit Bed Availability Reporting Requirements.-- ``(1) In general.--For purposes of subsection (a)(1)(Z), the real-time intensive care unit bed availability requirements described in this subsection are, with respect to a hospital, critical access hospital, or rural emergency hospital, that such hospital-- ``(A) participate in a shared data reporting system that provides information in real time regarding the number of intensive care unit beds available at such hospital to each hospital, critical access hospital, and rural emergency hospital participating under this title that is located in the same region established by the Secretary under paragraph (2) as such hospital; and ``(B) maintain a shared strategy with each such hospital located in such region to efficiently transfer patients between such hospitals in the case that such a hospital reaches or nears intensive care unit bed capacity. ``(2) Regions.--The Secretary shall establish regions with respect to which a hospital, critical access hospital, or rural emergency hospital shall meet the requirements under paragraph (1). In establishing such regions, the Secretary shall take into account-- ``(A) the geography and population of a region; and ``(B) the time it takes to travel between such hospitals in a region.''. (b) Partnership for State and Regional Hospital Preparedness.-- Section 319C-2 of the Public Health Service Act (42 U.S.C. 247d-3b) is amended-- (1) in subsection (c), by inserting ``, including for activities to prepare for the efficient transfer of patients between hospitals and other health care facilities to prevent overcapacity at such facilities during a public health emergency, and'' before ``with respect to''; and (2) in subsection (j)(1), by inserting ``and each of fiscal years 2026 through 2031'' after ``through 2023''. <all>