H.R. 8271

[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''.
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