HR7931-118

1. Short title This Act may be cited as the Preserving Emergency Access in Key Sites Act or the PEAKS Act.

2. Update to fee schedule for ambulance services provided by critical access hospitals Section 1834(l)(8) of the Social Security Act (42 U.S.C. 1395m(l)(8)) is amended in the flush left text following subparagraph (B) by inserting (or, in the case of mountainous terrain or in areas with only secondary roads available, a 15-mile drive) after 35-mile drive.

3. Treatment of hospitals that met mountainous terrain or secondary roads distance requirement for designation as critical access hospital Section 1820(h) of the Social Security Act (42 U.S.C. 1395i–4(h)) is amended by adding at the end the following new paragraph: Beginning January 1, 2025, in the case of a hospital described in subparagraph (B), such hospital shall be deemed to meet the 15-mile distance requirement for mountainous terrain or secondary roads described in subsection (c)(2)(B)(i)(I). A hospital described in this subparagraph is a hospital that— as of the date of enactment of this paragraph, is designated as a critical access hospital; demonstrates (in a manner determined by the Secretary) that the hospital met the 15-mile distance requirement for mountainous terrain or secondary roads described in subsection (c)(2)(B)(i)(I) as of the hospital’s last certification as a critical access hospital; and after such date of enactment, has a new hospital or other facility described in this subsection that is located not less than 10, but no more than 15, miles from the hospital. Not later than 1 year after the date of enactment of this paragraph, the Secretary shall promulgate regulations to carry out this paragraph. (4)Treatment of hospitals that met mountainous terrain or secondary roads distance requirements for designation(A)In generalBeginning January 1, 2025, in the case of a hospital described in subparagraph (B), such hospital shall be deemed to meet the 15-mile distance requirement for mountainous terrain or secondary roads described in subsection (c)(2)(B)(i)(I).(B)Hospital describedA hospital described in this subparagraph is a hospital that—(i)as of the date of enactment of this paragraph, is designated as a critical access hospital;(ii)demonstrates (in a manner determined by the Secretary) that the hospital met the 15-mile distance requirement for mountainous terrain or secondary roads described in subsection (c)(2)(B)(i)(I) as of the hospital’s last certification as a critical access hospital; and(iii)after such date of enactment, has a new hospital or other facility described in this subsection that is located not less than 10, but no more than 15, miles from the hospital.(C)RegulationsNot later than 1 year after the date of enactment of this paragraph, the Secretary shall promulgate regulations to carry out this paragraph..