I 

110TH CONGRESS 

1ST SESSION H. R. 2386 

To amend title XVIII of the Social Security Act to provide special treatment 

of certain cancer hospitals under the Medicare Program. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2007 

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

Committee on Ways and Means 

A BILL 

To amend title XVIII of the Social Security Act to provide 

special treatment of certain cancer hospitals 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. SPECIAL TREATMENT OF CANCER HOSPITALS 

4 UNDER THE MEDICARE PROGRAM. 

5 (a) IN GENERAL.—Section 1886(d)(1)(B) of the So6 cial Security Act (42 U.S.C. 1395ww(d)(1)(B)) is amend7 ed— 

8 (1) by striking ‘‘or’’ at the end of clause (iv); 

9 (2) by striking the semicolon at the end of 

10 clause (v) and inserting ‘‘, or’’; and 


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1 (3) by inserting after clause (v) the following 

2 new clause: 

3 ‘‘(vi) a hospital that— 

4 ‘‘(I) is located in a State which ranks (ac5 cording to the National Cancer Institute’s sta6 tistics published in May of 2005) among the 

7 top ten States in the incidence of non-Hodgkins 

8 lymphoma, ovarian cancer, thyroid cancer, and 

9 cervical cancer and among the top ten States 

10 with the highest death rate for breast cancer 

11 and uterine cancer; 

12 ‘‘(II) is located in a State that as of De13 cember 31, 2006, had only one center under 

14 section 414 of the Public Health Service Act 

15 that has been designated by the National Can16 cer Institute as a comprehensive center cur17 rently serving all 21 counties in the most dense18 ly populated State in the nation (U.S. Census 

19 estimate for 2005: 8,717,925 persons; 1,134.5 

20 persons per square mile), serving more than 

21 70,000 patient visits annually; 

22 ‘‘(III) as of December 31, 2006, served as 

23 the teaching and clinical care, research and 

24 training hospital for the Center described in 


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1 subclause (II), providing significant financial 

2 and operational support to such Center; 

3 ‘‘(IV) as of December 31, 2006, served as 

4 a core and essential element in such Center 

5 which conducts more than 130 clinical trial ac6 tivities, national cooperative group studies, in7 vestigator-initiated and peer review studies and 

8 has received as of 2005 at least $93,000,000 in 

9 research grant awards; 

10 ‘‘(V) as of December 31, 2006, can dem11 onstrate that it has been a unique and an inte12 gral component of such Center since such Cen13 ter’s inception; 

14 ‘‘(VI) as of December 31, 2006, includes 

15 dedicated patient care units organized primarily 

16 for the treatment of and research on cancer 

17 with approximately 125 beds, 75 percent of 

18 which are dedicated to cancer patients, and con19 tains a radiation oncology department as well 

20 as specialized emergency services for oncology 

21 patients; 

22 ‘‘(VII) as of December 31, 2004, is identi23 fied as the focus of the Center’s inpatient ac24 tivities in the Center’s application as a NCI25 designated comprehensive cancer center and 


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1 shares the NCI comprehensive cancer designa2 tion with the Center; and 

3 ‘‘(VIII) as of December 31, 2006, has been 

4 recognized with a certificate of approval with 

5 commendation by the American College of Sur6 geons Commission on Cancer;’’. 

7 (b) CONFORMING AMENDMENT.—Section 

8 1886(b)(3)(E) of such Act (42 U.S.C. 1395ww(b)(3)(E)) 

9 is amended by striking ‘‘clause (v)’’ and inserting ‘‘clauses 

10 (v) and (vi)’’. 

11 (c) EFFECTIVE DATE; PAYMENTS.— 

12 (1) APPLICATION TO COST REPORTING PERI13 ODS.—Any classification by reason of section 

14 1886(d)(1)(B)(vi) of the Social Security Act (42 

15 U.S.C. 1395ww(d)(1)(B)(vi)), as inserted by sub16 section (a), shall apply to cost reporting periods be17 ginning on or after January 1, 2006. 

18 (2) BASE TARGET AMOUNT.—Notwithstanding 

19 subsection (b)(3)(E) of section 1886 of the Social 

20 Security Act (42 U.S.C. 1395ww), in the case of a 

21 hospital described in subsection (d)(1)(B)(vi) of such 

22 section, as inserted by subsection (a)— 

23 (A) the hospital shall be permitted to re24 submit the 2006 Medicare 2552 cost report in25 corporating a cancer hospital sub-provider numVerDate Aug 31 2005 05:18 May 19, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2386.IH H2386

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1 ber and to apply the Medicare ratio-of-cost-to2 charge settlement methodology for outpatient 

3 cancer services; and 

4 (B) the hospital’s target amount under 

5 subsection (b)(3)(E)(i) of such section for the 

6 first cost reporting period beginning on or after 

7 January 1, 2006, shall be the allowable oper8 ating costs of inpatient hospital services (re9 ferred to in subclause (I) of such subsection) 

10 for such first cost reporting period. 

11 (3) DEADLINE FOR PAYMENTS.—Any payments 

12 owed to a hospital as a result of this section for pe13 riods occurring before the date of the enactment of 

14 this Act shall be made expeditiously, but in no event 

15 later than 1 year after such date of enactment. 

Æ 


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