The Medical Surge Capacity Act

The H1N1 pandemic and other disasters at home underscore the importance of preparing our nation to respond to a range of medical and public health emergencies, whether naturally occurring or the result of a chemical, biological, radiological, or nuclear attack. Over the past decade, multiple Congresses and Administrations have worked together to put into place critical medical and public health preparedness and response programs and policies, including giving health professionals and hospitals targeted flexibility to help meet patients needs in the midst and aftermath of a disaster. This bipartisan legislation complements the Pandemic and All-Hazards Preparedness Act Reauthorization of 2011 by making strategic modifications to current law that will enable the Secretary of Health and Human Services to target and issue waivers under section 1135 of the Social Security Act in as timely a manner as possible based on the circumstances of the public health emergency. Eliminates the need for dual declarations to be made for the Secretary of Health and Human Services to be able to implement Section 1135 waivers. Under current law, both a Presidential and Secretarial declaration is necessary before 1135 waivers can be pursued. Requiring both an HHS public health emergency and a Presidential-level declaration unnecessarily delays the implementation of 1135 waivers, which can compromise the ability of hospitals to appropriately respond to the emergency. The Medical Surge Capacity Act authorizes HHS to implement waivers as soon as either a public health or national emergency is declared. Enables the Secretary to institute Section 1135 waivers in host areas. Often, individuals from the emergency area are evacuated into an area outside the emergency area in which the disaster has occurred. The Medical Surge Capacity Act authorizes the Secretary to issue 1135 waivers for these areas that receive evacuees from a disaster, known as host areas. This authority would allow hospitals located in states and regions that receive a large number of evacuated patients from impacted emergency areas to carry out their emergency operations plans and provide the best possible care to the additional patients that come in or are brought to their facilities in the midst or aftermath of an emergency. Change the timeframes for HIPAA and EMTALA waivers from 72 to 96 hours. Section 1135 currently allows waivers of actions under EMTALA, as well as sanctions and penalties under HIPAA, for a 72-hour period. In contrast, the Joint Commission standards require hospital emergency operations plans to identify the capabilities and establish response efforts when the organization cannot be supported by the local community for at least 96 hours in six critical areas. The Medical Surge Capacity Act would extend the current 72 hour timeframe to 96 hours to align with the Joint Commissions recommended emergency response standards.