[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8091 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 8091

 To amend title XVIII of the Social Security Act to modernize payments 
      for ambulatory surgical centers under the Medicare program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 2026

 Ms. Van Duyne (for herself and Mr. Larson of Connecticut) 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

_______________________________________________________________________

                                 A BILL


 
 To amend title XVIII of the Social Security Act to modernize payments 
      for ambulatory surgical centers 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 ``Outpatient Surgery Access Act of 
2026''.

SEC. 2. ALIGNING UPDATES FOR AMBULATORY SURGICAL CENTER SERVICES WITH 
              UPDATES FOR OPD SERVICES.

    Section 1833(i)(2)(D) of the Social Security Act (42 U.S.C. 
1395l(i)(2)(D)) is amended--
            (1) in clause (v), by moving the margin 6 ems to the left;
            (2) by redesignating clause (vi) as clause (vii); and
            (3) by inserting after clause (v) the following new clause:
    ``(vi) In implementing the system described in clause (i) for 2027 
and each subsequent year, the Secretary shall apply an annual update 
under such system that is equal to the OPD fee schedule increase factor 
specified under subsection (t)(3)(C)(iv) for such year, adjusted in 
accordance with clauses (iv) and (v).''.

SEC. 3. ALIGNMENT OF BUDGET NEUTRALITY ADJUSTMENT FOR OUTPATIENT 
              SURGICAL PROCEDURES.

    (a) Prohibiting ASC-Specific Budget Neutrality Adjustment.--Section 
1833(i)(2)(D)(ii) of the Social Security Act (42 U.S.C. 
1395l(i)(2)(D)(ii)) is amended by adding at the end the following new 
sentence: ``In implementing such system for 2027 and each subsequent 
year, the Secretary may not apply under such system any adjustment 
designed to result in the same aggregate amount of expenditures for 
such services for the year as would be made if this subparagraph did 
not apply (as described in the preceding sentence).''.
    (b) Combining Volume for Budget Neutrality Calculation.--Section 
1833(t)(9)(B) of the Social Security Act (42 U.S.C. 1395l(t)(9)(B)) is 
amended by adding at the end the following new sentence: ``In 
determining adjustments under the first sentence of this subparagraph 
for 2027 and each subsequent year, the Secretary shall take into 
account any expenditures made under the revised payment system under 
subsection (i)(2)(D).''.
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