H.R. 9970

119 HR 9970 IH: Reimbursing Emergency Services for Critical Urgent Encounters Act of 2026
 U.S. House of Representatives
 2026-07-27
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 I  119th CONGRESS  2d Session  H. R. 9970  IN THE HOUSE OF REPRESENTATIVES   July 27, 2026   Mr. Pfluger  (for himself,  Ms. Tokuda ,  Ms. Van Duyne ,  Ms. Schrier ,  Mr. Joyce of Pennsylvania ,  Mr. Schneider ,  Ms. Tenney , and  Ms. Sewell ) 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   A BILL
To amend title XVIII of the Social Security Act to ensure appropriate payments for ambulance services under the Medicare program.
1.
Short title
This Act may be cited as the   Reimbursing Emergency Services for Critical Urgent Encounters Act of 2026   or   RESCUE Act of 2026  .
2.
Ambulance services payments
Section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) ) is amended—
(1)
in paragraph (1)—
(A)
by inserting  , for years before 2027,  after  under this part through ; and
(B)
by inserting  (and for each year, beginning with 2027, by regulation)  after  title 5, United States Code, ;
(2)
in paragraph (2)(D), by inserting  and, beginning for 2028, in accordance with paragraph (18), determine and apply updated payment amounts (as defined in subparagraph (A)(ii) of such paragraph) and the adjustments described in such paragraph  after  and other relevant factors ;
(3)
in paragraph (3)—
(A)
in subparagraph (B)—
(i)
by inserting  (before 2028)  after  each subsequent year ; and
(ii)
by striking  and  after the semicolon;
(B)
in subparagraph (C)—
(i)
by inserting  (before 2028)  after  each subsequent year ; and
(ii)
by striking the period at the end and inserting a semicolon; and
(C)
by inserting at the end the following:
(D)
for services furnished in 2028, substitute the updated payment amounts (as defined in paragraph (18)(A)(ii)) for such services as the payment amounts provided under the fee schedule for such services; and
(E)
set the payment amounts provided under the fee schedule for services furnished in 2029 and each subsequent year at amounts equal to the payment amounts under the fee schedule for services furnished during the previous year, updated by the adjustments or increase applicable to such year in accordance with clause (ii) or (iii), respectively, of paragraph (18)(B).
 ;
(4)
in paragraph (4), by inserting  including for purposes of carrying out the provisions of paragraph (18),  after  under this subsection, ;
(5)
in paragraph (15), by striking  the preceding provisions of  after  amount otherwise applicable under ;
(6)
in paragraph (17)—
(A)
in subparagraph (D)—
(i)
in clause (i)—
(I)
by inserting  (or, in the case of a provider or supplier of air ambulance services, beginning January 1 of the year subsequent to the first year for which such providers and suppliers are required to submit information pursuant to subparagraph (E)(ii)(II)),  after  Beginning January 1, 2022, ;
(II)
by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and moving the margin of each such item, as redesignated, 2 ems to the right;
(III)
by striking  (as defined in clause (ii)) to a provider or supplier of ground ambulance services  and inserting
(as defined in clause (ii))—
(I)
to a provider or supplier of ground ambulance services
 ;
(IV)
by striking at the end the period and inserting  ; and ; and
(V)
by adding at the end the following new subclause:
(II)
to a provider or supplier of air ambulance services that—
(aa)
is required to submit information for a year determined by the Secretary under subparagraph (E)(ii)(II); and
(bb)
does not sufficiently submit such information, as determined by the Secretary.
   ;
(ii)
in clause (ii)—
(I)
by inserting  or a provider or supplier of air ambulance services  after  with respect to a provider or supplier of ground ambulance services ;
(II)
by striking  made a determination under clause (i)(II)  and inserting
made—
(I)
in the case of a provider or supplier of ground ambulance services, a determination under clause (i)(I)(bb)
 ;
(III)
by striking at the end the period and inserting  ; or ; and
(IV)
by adding at the end the following new subclause:
(II)
in the case of a provider or supplier of air ambulance services, a determination under clause (i)(II)(bb) that the provider or supplier of air ambulance services failed to sufficiently submit information as described in clause (i)(II)(aa).
  ;
(iii)
in clause (iii)—
(I)
by inserting  of ground ambulance services or a provider or supplier of air ambulance services  after  may exempt a provider or supplier ; and
(II)
by inserting  or provider or supplier of air ambulance services, respectively,  after  ability of the provider or supplier of ground ambulance services ; and
(iv)
in clause (iv), by inserting  or air ambulance services  after  ground ambulance services ;
(B)
in subparagraph (E)—
(i)
in clause (ii)—
(I)
by striking  shall require  and inserting
shall—
(I)
require
 ;
(II)
by striking at the end the period and inserting  ; and ; and
(III)
by adding at the end the following new subclause:
(II)
require providers and suppliers of air ambulance services to submit, in such form and manner and at such time as specified by the Secretary in accordance with clause (iii), information described in section 106(a)(2) of the No Surprises Act for years after the last NSA reporting year (as defined in clause (iv)) as the Secretary determines appropriate, but in no case less often than once every 3 years.
  ; and
(ii)
by adding at the end the following new clauses:
(iii)
Application to air ambulance services
In carrying out clause (ii)(II), the Secretary—
(I)
may, as the Secretary determines appropriate, use the data collection system under subparagraph (A) to provide for a single process for the submission of information under this paragraph, including information described in such clause with respect to providers and suppliers of air ambulance services; and
(II)
shall, to the greatest extent practicable, align the years for which information is required to be submitted under such clause with the years for which information is required to be submitted under clause (ii)(I).
(iv)
Last NSA reporting year
For purposes of clause (ii)(II), the term  last NSA reporting year  means the year with respect to which information is required to be submitted under section 106(a)(1)(B) of the No Surprises Act.
 ; and
(C)
in subparagraph (F)(i), by striking  thereafter,, such  and inserting  thereafter, such ; and
(7)
by adding at the end the following:
(18)
Updating fee schedule to reflect most recently available data
(A)
Initial review and revisions
(i)
In general
To improve the valuation of ground ambulance services and air ambulance services under this subsection the Secretary shall review the relative value units, conversion factor, air ambulance base rates, and the mileage rates applied under the fee schedule under this subsection and shall, by regulation and taking into account the information required under subparagraph (C), make such adjustments as are necessary to ensure that such relative value units, conversion factor, base rates, and mileage rates that are applied under the fee schedule for 2028 with respect to ground ambulance services and with respect to air ambulance services, as applicable, reflect the costs (including labor-related costs and costs related to uncompensated care), expenses, and resources used in furnishing the respective ambulance service.
(ii)
Updated payment amounts defined
For purposes of this subsection, the term  updated payment amounts  means the payment amounts determined, with application of the adjustments pursuant to clause (i), under the fee schedule under this subsection for 2028.
(B)
Ongoing review and adjustments
(i)
Triennial review
For each data-based adjustment year (as defined in clause (iv)), with respect to ground ambulance services and with respect to air ambulance services, the Secretary shall review the relative value units, conversion factor, air ambulance base rates, and the mileage rates (or any successor to or replacement for such units, factor, or rates, including under any payment methodology developed pursuant to this subsection that is different from the methodology in effect as of the date of enactment of this paragraph), as applicable to the respective services, established under the fee schedule under this subsection.
(ii)
Triennial adjustments based on updated factors and data
For determining payment amounts under the fee schedule under this subsection for ground ambulance services and air ambulance services furnished during a data-based adjustment year, the Secretary shall, based on the review under clause (i) with respect to such year and taking into account the information required under subparagraph (C), by regulation adjust the number of relative value units, conversion factor, air ambulance base rates, mileage rates (or any successor to or replacement for such units, factor, or rates, including under any payment methodology developed pursuant to this subsection that is different from the methodology in effect as of the date of enactment of this paragraph), or any combination thereof, as applicable to the respective services, to take into account changes in medical practice, changes in technology, the addition of new services, new data on relative value components, new cost data (including on labor-related costs and costs related to uncompensated care), and other relevant information and factors. The Secretary shall publish in the Federal Register an explanation of the basis for such adjustments made for a data-based adjustment year.
(iii)
Adjustments for years that are not data-based adjustment years
Beginning with 2029, with respect to a year that is not a data-based adjustment year, for determining the payment amounts under the fee schedule under this subsection for ground ambulance services and air ambulance services furnished during such year, such payment amounts for such services furnished during such year shall be computed by increasing the payment amounts determined under this subsection for such services furnished during the previous year by the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with June of the previous year.
(iv)
Data-based adjustment year defined
For purposes of this subparagraph, the term  data-based adjustment year  means 2031 and each third year thereafter.
(C)
Use of information
For purposes of subparagraph (A) and clauses (i) and (ii) of subparagraph (B), the Secretary shall use the most recently available data related to ground ambulance services and air ambulance services for which payment is made under the fee schedule under this subsection, including (as applicable to the respective services) information collected or obtained pursuant to paragraph (17), information collected or obtained pursuant to section 106 of the No Surprises Act, and such other information specified by the Secretary on costs (including labor-related costs and costs related to uncompensated care), expenses, and resources directly or indirectly related to furnishing such respective services. In applying the previous sentence with respect to air ambulance services, in the case that information collected or obtained pursuant to section 106 of the No Surprises Act is not available, the Secretary shall instead use such other comparable information (as identified by the Secretary in consultation with the organizations described in paragraph (4)) on such costs, expenses, and resources related to furnishing air ambulance services.
(19)
Stakeholder consultation for continued assessment for modifications to improve fee schedule
Not later than December 31, 2028, the Secretary shall convene experts and stakeholders, including organizations described in paragraph (4), to assess the fee schedule applied under this subsection for ground ambulance services and for air ambulance services and the adequacy of payments for such respective services under such fee schedule and to submit, not later than July 1, 2029, to the Secretary and Congress recommendations for modifications to such fee schedule, including the payment methodology under the fee schedule, to improve the valuation of such respective services under this subsection.
 .