I 118th CONGRESS 2d Session H. R. 7397 IN THE HOUSE OF REPRESENTATIVES February 15, 2024 Mrs. Trahan (for herself and Mr. Valadao ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , 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 establish a definition of essential health system in statute.

1. Establishing a definition of essential health system in statute Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (nnn) Essential health system The term essential health system means a hospital— (1) that is a subsection (d) hospital (as defined in section 1886(d)(1)(B)); (2) that is a non-Federal governmental or private nonprofit hospital; and (3) that— (A) meets the requirements of a Medicaid deemed disproportionate share hospital (as described in section 1923(b)(1)); (B) has a Medicare disproportionate patient percentage of at least 35 percent (as defined in section 1886(d)(5)(F)(vi)); or (C) has a Medicare disproportionate share hospital uncompensated care payment factor of 0.0005 or more, (as defined in section 1886(r)(2)(C)). .