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Referenced Laws
42 U.S.C. 300hh–33(a)(1)
42 U.S.C. 1315a(b)(2)
Section 1
1. Short title This Act may be cited as the Addressing Boarding and Crowding in the Emergency Department Act of 2025 or the ABC-ED Act of 2025.
Section 2
2. Allowing public health data modernization grants to be used to track hospital bed capacity Section 2823(a)(1) of the Public Health Service Act (42 U.S.C. 300hh–33(a)(1)) is amended— in subparagraph (A), by striking and at the end; in subparagraph (B)(viii), by striking the period at the end and inserting ; and; and by adding at the end the following: award grants or cooperative agreements to appropriate entities for the expansion and modernization of public health data systems by— developing State- or region-wide, real-time (or near real-time), accurate, and scalable systems for tracking— hospital bed capacity; and how such capacity affects emergency department boarding rates, wait times for treatment in emergency departments, and the amount of time emergency medical services personnel are waiting in emergency departments to offload patients; and establishing or maintaining a public-facing dashboard of the information tracked pursuant to systems described in clause (i), with such information redacted in accordance with applicable privacy laws. (C)award grants or cooperative agreements to appropriate entities for the expansion and modernization of public health data systems by—(i)developing State- or region-wide, real-time (or near real-time), accurate, and scalable systems for tracking—(I)hospital bed capacity; and(II)how such capacity affects emergency department boarding rates, wait times for treatment in emergency departments, and the amount of time emergency medical services personnel are waiting in emergency departments to offload patients; and(ii)establishing or maintaining a public-facing dashboard of the information tracked pursuant to systems described in clause (i), with such information redacted in accordance with applicable privacy laws..
Section 3
3. Center for Medicare and Medicaid Innovation pilot program Section 1115A(b)(2) of the Social Security Act (42 U.S.C. 1315a(b)(2)) is amended— in subparagraph (A), in the third sentence, by inserting , and shall include the models described in clauses (xxviii) and (xxix) of such subparagraph before the period at the end; and in subparagraph (B), by adding at the end the following new clauses: Promoting research-based ways to facilitate improved emergency care for applicable individuals who are older adults, including through— sufficient, flexible, and interdisciplinary staffing and education of staff at emergency departments; changes to the physical infrastructure of emergency departments; introducing geriatric-focused policies, protocols, and quality improvement metrics; and improving coordination between emergency departments and post-acute care facilities (including senior care facilities such as skilled nursing facilities, assisted living facilities, and independent living facilities) with respect to such individuals, which may include the mutual, bidirectional exchange of medical information and improvements to the transfer process. Promoting research-based ways to facilitate improved emergency care for applicable individuals experiencing acute psychiatric crisis, including by— implementing dedicated units at emergency departments to provide emergency care to such individuals; and improving transfers between emergency departments and post-acute care facilities for such individuals, which may include expedited placement at such facilities. (xxviii)Promoting research-based ways to facilitate improved emergency care for applicable individuals who are older adults, including through—(I)sufficient, flexible, and interdisciplinary staffing and education of staff at emergency departments;(II)changes to the physical infrastructure of emergency departments;(III)introducing geriatric-focused policies, protocols, and quality improvement metrics; and(IV)improving coordination between emergency departments and post-acute care facilities (including senior care facilities such as skilled nursing facilities, assisted living facilities, and independent living facilities) with respect to such individuals, which may include the mutual, bidirectional exchange of medical information and improvements to the transfer process.(xxix)Promoting research-based ways to facilitate improved emergency care for applicable individuals experiencing acute psychiatric crisis, including by—(I)implementing dedicated units at emergency departments to provide emergency care to such individuals; and(II)improving transfers between emergency departments and post-acute care facilities for such individuals, which may include expedited placement at such facilities..
Section 4
4. Study on best practices for public health data systems for tracking hospital capacity The Comptroller General of the United States shall conduct a study— to determine best practices for the development and maintenance of public health data systems for tracking hospital capacity (including such systems supported pursuant to section 2823(a)(1) of the Public Health Service Act, as amended by section 2) to ensure that such tracking— is State- or region-wide, real-time (or near real-time), accurate, and scalable; includes tracking of hospital capacity with respect to emergency departments, adult and pediatric intensive care units, inpatient psychiatric services, skilled nursing facilities, and other appropriate types of facilities and services; and is seamlessly and directly integrated with relevant hospital electronic medical records systems; and to assess how implementation of such public health data systems for tracking hospital capacity affects— emergency department boarding rates as determined using quality measures and other metrics that are established and utilized by the Centers for Medicare & Medicaid Services and others accreditation entities; wait times for treatment and discharge in emergency departments; and the amount of time emergency medical services personnel are waiting in emergency departments to offload patients. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall— complete the study under subsection (a); and submit to Congress a report on the results of such study.