II 

116TH CONGRESS 

1ST SESSION S. 594 

To amend title XVIII of the Social Security Act to preserve access to 

rehabilitation innovation centers under the Medicare program. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2019 

Mr. CASSIDY (for himself and Mr. DURBIN) 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 preserve 

access to rehabilitation innovation centers under the 

Medicare program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preserving Rehabilita5 tion Innovation Centers Act of 2019’’. 

6 SEC. 2. PRESERVING ACCESS TO REHABILITATION INNOVA7 TION CENTERS UNDER MEDICARE. 

8 Section 1886(j)(7)(E) of the Social Security Act (42 

9 U.S.C. 1395ww(j)(7)(E)) is amended— 


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1 (1) by striking ‘‘PUBLIC AVAILABILITY OF DATA

2 SUBMITTED.—The’’ and inserting ‘‘PUBLIC AVAIL3 ABILITY OF DATA SUBMITTED.— 

4 ‘‘(i) IN GENERAL.—The’’; and 

5 (2) by inserting after clause (i), as redesignated 

6 by paragraph (1), the following new clauses: 

7 ‘‘(ii) PUBLIC RECOGNITION OF REHA8 BILITATION INNOVATION CENTERS.—Be9 ginning not later than one year after the 

10 date of the enactment of this clause, the 

11 Secretary shall make publicly available on 

12 such Internet website, in addition to the 

13 information required to be reported on 

14 such website under clause (i), a list of all 

15 rehabilitation innovation centers, and shall 

16 update such list on such website not less 

17 frequently than biennially. 

18 ‘‘(iii) REHABILITATION INNOVATION

19 CENTERS DEFINED.—For purposes of 

20 clause (ii), the term ‘rehabilitation innova21 tion centers’ means a rehabilitation facility 

22 that, as of the applicable date (as defined 

23 in clause (vi)), is a rehabilitation facility 

24 described in either clause (iv) or (v). 


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1 ‘‘(iv) NOT-FOR-PROFIT.—A rehabilita2 tion facility described in this clause is a re3 habilitation facility that— 

4 ‘‘(I) is classified as a not-for5 profit entity under the IRF Rate Set6 ting File for the Inpatient Rehabilita7 tion Facility Prospective Payment 

8 System for Federal Fiscal Year 2016 

9 (80 Fed. Reg. 47036), or any suc10 cessor regulations that contain such 

11 information; 

12 ‘‘(II) holds, as of the applicable 

13 date at least one Federal rehabilita14 tion research and training designation 

15 for research projects on traumatic 

16 brain injury, spinal cord injury, or 

17 stroke rehabilitation research from the 

18 National Institute on Disability, Inde19 pendent Living, and Rehabilitation 

20 Research at the Department of 

21 Health and Human Services, based on 

22 such data submitted to the Secretary 

23 by a facility, in a form, manner, and 

24 time frame specified by the Secretary; 


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1 ‘‘(III) has a minimum Medicare 

2 estimated weight per discharge of 

3 1.1144 for the most recent fiscal year 

4 for which such information is avail5 able according to the IRF Rate Set6 ting File described in subclause (I), or 

7 any successor regulations that contain 

8 such information; and 

9 ‘‘(IV) is determined by the Sec10 retary based upon such data sub11 mitted to the Secretary by the facility 

12 with respect to the most recent year 

13 for which such information is avail14 able as the Secretary may require, to 

15 have had at least 300 Medicare dis16 charges in a year. 

17 ‘‘(v) GOVERNMENT-OWNED.—A reha18 bilitation facility described in this clause is 

19 a rehabilitation facility that— 

20 ‘‘(I) is classified as a Govern21 ment-owned institution under the IRF 

22 Rate Setting File described in clause 

23 (iv)(I), or any successor regulations 

24 that contain such information; 


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1 ‘‘(II) holds, as of the applicable 

2 date, at least one Federal rehabilita3 tion research and training designation 

4 for research projects on traumatic 

5 brain injury, spinal cord injury, or 

6 stroke rehabilitation research from the 

7 National Institute on Disability, Inde8 pendent Living, and Rehabilitation 

9 Research at the Department of 

10 Health and Human Services, as deter11 mined based on such data submitted 

12 to the Secretary by the facility as the 

13 Secretary may require (and in a form, 

14 manner, and time frame specified by 

15 the Secretary); 

16 ‘‘(III) has a minimum Medicare 

17 estimated weight per discharge of 

18 1.1144 for the most recent fiscal year 

19 for which such information is avail20 able according to the IRF Rate Set21 ting File described in clause (iv)(I), or 

22 any successor regulations that contain 

23 such information; and 

24 ‘‘(IV) has a Medicare dispropor25 tionate share hospital (DSH) percentVerDate Sep 11 2014 00:22 Mar 07, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S594.IS S594

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1 age of at least 0.6300 for the most re2 cent fiscal year for which such infor3 mation is available according to the 

4 IRF Rate Setting File described in 

5 clause (iv)(I), or any successor regula6 tions that contain such information. 

7 ‘‘(vi) APPLICABLE DATE DEFINED.— 

8 For purposes of clauses (iii), (iv), and (v), 

9 the term ‘applicable date’ means— 

10 ‘‘(I) with respect to the initial 

11 publication of a list under clause (ii), 

12 the date of the enactment of such 

13 clause; and 

14 ‘‘(II) with respect to the publica15 tion of an updated list under clause 

16 (ii), a date specified by the Secretary 

17 that is not more than 1 year prior to 

18 the date of such publication. 

19 ‘‘(vii) IMPLEMENTATION.—Notwith20 standing any other provision of law the 

21 Secretary may implement clauses (ii) 

22 through (vi) by program instruction or oth23 erwise. 

24 ‘‘(viii) NONAPPLICATION OF PAPER25 WORK REDUCTION ACT.—Chapter 35 of 


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1 title 44, United States Code, shall not 

2 apply to data collected under clauses (ii) 

3 through (v). 

4 ‘‘(ix) STUDY AND REPORT.—Not later 

5 than March 15, 2021, and as determined 

6 necessary by the Medicare Payment Advi7 sory Commission as part of subsequent an8 nual reports under section 1805(b)(1)(C), 

9 the Commission shall submit to Congress a 

10 report analyzing the most recent three 

11 years of cost report data available for all 

12 rehabilitation innovation centers (as de13 fined in clause (ii)) and assess the ade14 quacy of payments to such innovation cen15 ters for inpatient rehabilitation services 

16 under this title. Any report submitted 

17 under the preceding sentence shall include 

18 recommendations for such legislation and 

19 administrative action as the Commission 

20 determines appropriate.’’. 

Æ 


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