April 14, 2026
Mr. Obernolte (for himself and Mrs. Dingell) 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
To amend title XVIII of the Social Security Act to require that hospitals report intensive care unit bed availability in real time as a condition of participation under the Medicare program.
Section 1. Short title
This Act may be cited as the Improving Care Utilization through Bed Exchange and Data Sharing Act of 2026
or the ICU Bed Act of 2026
.
Sec. 2. Requiring hospitals to report bed availability in real time as a Medicare condition of participation
(a) In general
Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended—
(1)
in subsection (a)(1)—
(A)
in subparagraph (X), by striking and
at the end;
(B)
in subparagraph (Y), by striking the period at the end and inserting , and
; and
(C)
by inserting after subparagraph (Y) the following new subparagraph:
(Z)
beginning 1 year after the date of the enactment of this subparagraph, in the case of a hospital, critical access hospital, or rural emergency hospital, to comply with the real-time intensive care unit bed availability requirements described in subsection (l).; and
(2)
by adding at the end the following new subsection:
(l) Real-Time intensive care unit bed availability reporting requirements
(1) In general
For purposes of subsection (a)(1)(Z), the real-time intensive care unit bed availability requirements described in this subsection are, with respect to a hospital, critical access hospital, or rural emergency hospital, that such hospital—
(A)
participate in a shared data reporting system that provides information in real time regarding the number of intensive care unit beds available at such hospital to each hospital, critical access hospital, and rural emergency hospital participating under this title that is located in the same region established by the Secretary under paragraph (2) as such hospital; and
(B)
maintain a shared strategy with each such hospital located in such region to efficiently transfer patients between such hospitals in the case that such a hospital reaches or nears intensive care unit bed capacity.
(2) Regions
The Secretary shall establish regions with respect to which a hospital, critical access hospital, or rural emergency hospital shall meet the requirements under paragraph (1). In establishing such regions, the Secretary shall take into account—
(A)
the geography and population of a region; and
(B)
the time it takes to travel between such hospitals in a region.
(b) Partnership for State and regional hospital preparedness
Section 319C–2 of the Public Health Service Act (42 U.S.C. 247d–3b) is amended—
(1)
in subsection (c), by inserting , including for activities to prepare for the efficient transfer of patients between hospitals and other health care facilities to prevent overcapacity at such facilities during a public health emergency, and
before with respect to
; and
(2)
in subsection (j)(1), by inserting and each of fiscal years 2026 through 2031
after through 2023
.