II 118th CONGRESS 1st Session S. 1849 IN THE SENATE OF THE UNITED STATES June 7, 2023 Mr. Hoeven (for himself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to allow payments under the Medicare program for certain items and services furnished by off-campus outpatient departments of a provider to be determined under the prospective payment system for hospital outpatient department services, and for other purposes.

1. Short title This Act may be cited as the SOS: Sustaining Outpatient Services Act . 2. Allowing Medicare payments for certain items and services furnished by off-campus outpatient departments of a provider to be determined under the prospective payment system for hospital outpatient department services Section 1833(t)(1)(B) of the Social Security Act ( 42 U.S.C. 1395l(t)(1)(B) ) is amended— (1) in clause (iv), by striking and at the end; (2) in clause (v)— (A) by inserting before does not include the following: subject to clause (vi), ; and (B) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new clause: (vi) includes, with respect to a year (beginning with 2024), any item or service— (I) that is furnished during such year by an off-campus outpatient department of a provider (as defined in subparagraph (B) of paragraph (21)); and (II) with respect to which the greatest total amount paid with respect to a physician specialty under the physician fee schedule under section 1848 for all such items or services furnished by physicians in such specialty during the previous year was less than $2,000,000. .