Medical Surge Capacity Act - Amends title XI (General Provisions) of the Social Security Act to authorize the Secretary of Health and Human Services (HHS) to waive or modify certain requirements with respect to health care items and services furnished by a health care provider in a geographical area in which, and in a period during which, one (current law requires both) of the following exists: (1) an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or (2) a public health emergency declared by the Secretary.
Allows the Secretary to deem an emergency area to include a geographical area into which individuals from the emergency area are evacuated and receiving care.
Extends the limitation on the duration of waivers of certain actions under the Emergency Medical Treatment and Active Labor Act and certain sanctions and penalties under the Health Insurance Portability and Accountability Act (HIPAA) from 72 to 96 hours beginning upon implementation of a hospital disaster protocol.