ICU Bed Act of 2026

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).

(C) ; and

(2) by adding at the end the following new subsection:

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.

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.

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.