I 

110TH CONGRESS 

1ST SESSION H. R. 1804 

To provide for the certification of certain rehabilitation units of general 

acute care hospitals for purposes of payments under the Medicare prospective payment system for rehabilitation hospitals. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2007 

Mr. JEFFERSON introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To provide for the certification of certain rehabilitation units 

of general acute care hospitals for purposes of payments 

under the Medicare prospective payment system for rehabilitation hospitals. 

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 ‘‘Gulf States Medicare 

5 Rehabilitation Unit Access Act of 2007’’. 


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1 SEC. 2. CERTIFICATION OF CERTAIN REHABILITATION 

2 UNITS OF GENERAL ACUTE CARE HOSPITALS 

3 FOR PURPOSES OF MEDICARE PAYMENTS. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, in the case of a Katrina-affected hospital de6 scribed in subsection (b) that seeks a rehabilitation unit 

7 that is to be reopened (as described in subsection (b)(5)) 

8 to be treated as a rehabilitation unit (as referred to in 

9 the matter following clause (v) of section 1886(d)(1)(B) 

10 of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) 

11 for purposes of subsections (d) and (j) of section 1886 

12 of the such Act (42 U.S.C. 1395ww), such hospital may 

13 provide a written certification that the inpatient popu14 lation the hospital intends the unit to serve meets the re15 quirements of section 412.23(b)(2) of title 42 Code of 

16 Federal Regulations, instead of showing that the unit has 

17 treated such a population during the hospital’s most re18 cent cost reporting period in the same manner as a hos19 pital that seeks exclusion of a new rehabilitation unit may 

20 provide such a certification under section 412.30(b) of 

21 such title. 

22 (b) KATRINA-AFFECTED HOSPITAL DESCRIBED.—A 

23 Katrina-affected hospital described in this subsection is a 

24 subsection (d) hospital, as such term is defined in section 

25 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 


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1 1395ww (d)(1)(B)), that meets each of the following re2 quirements: 

3 (1) HURRICANE KATRINA EMERGENCY AREA.— 

4 The county (or equivalent area) in which the hos5 pital is located is an area that— 

6 (A) has been declared an emergency area 

7 in accordance with section 401 of the Robert T. 

8 Stafford Disaster Relief and Emergency Assist9 ance Act (42 U.S.C. 5170) as a result of Hurri10 cane Katrina; and 

11 (B) the President has determined, as of 

12 September 14, 2005, warrants individual or 

13 public assistance from the Federal Government 

14 under such Act. 

15 (2) NOT FOR PROFIT STATUS.—The hospital is 

16 exempt from Federal income taxation in accordance 

17 with section 501(c)(3) of the Internal Revenue Code 

18 of 1986. 

19 (3) PRIOR OPERATION OF REHABILITATION

20 UNIT.—The hospital previously operated a rehabili21 tation unit (as referred to in the matter following 

22 clause (v) of section 1886(d)(1)(B) of the Social Se23 curity Act (42 U.S.C. 1395ww(d)(1)(B))) but later 

24 established a rehabilitation hospital (as defined for 

25 purposes of section 1886(d)(1)(B)(ii) of such Act 


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1 (42 U.S.C. 1395ww(d)(1)(B)(ii))), as of November 

2 1, 2006, operated such rehabilitation hospital within 

3 the same building occupied by the hospital, and 

4 upon opening such rehabilitation hospital or after 

5 opening such rehabilitation hospital, closed the reha6 bilitation unit. 

7 (4) SAME CORPORATE ENTITY.—The hospital 

8 and the rehabilitation hospital described in subpara9 graph (3) are owned by the same not for profit cor10 poration. 

11 (5) CONVERSION OF REHABILITATION HOS12 PITAL TO UNIT.—The hospital seeks to reopen a re13 habilitation unit described in paragraph (3) that will 

14 operate as part of the hospital and certifies in writ15 ing to the Secretary of Health and Human Services 

16 that the hospital will close the rehabilitation hospital 

17 described in such paragraph not later than one 

18 month after the facility re-establishes the rehabilita19 tion unit. 

20 (c) EFFECTIVE DATE.—The provisions of this section 

21 shall apply to reimbursements made for months beginning 

22 on or after the date of the enactment of this section. 

Æ 


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