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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5228 Introduced in House (IH)]

106th CONGRESS
  2d Session
                                H. R. 5228

    To amend title XVIII of the Social Security Act to provide for 
immediate relief for essential hospitals in a region, to assist in the 
long-range economic recovery of such hospitals, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2000

Mr. Kanjorski (for himself and Mr. Ney) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addition 
     to the Committee on Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
    To amend title XVIII of the Social Security Act to provide for 
immediate relief for essential hospitals in a region, to assist in the 
long-range economic recovery of such hospitals, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Essential and Critical Hospital 
Preservation Act of 2000''.

SEC. 2. SPECIAL PAYMENTS TO ESSENTIAL HOSPITALS AND DEVELOPMENT OF 
              ECONOMIC RECOVERY PLAN.

    Section 1886(g) of the Social Security Act (42 U.S.C. 1395ww(g)) is 
amended by inserting after paragraph (4) the following new paragraphs:
            ``(5)(A) Effective October 1, 2000, and thereafter, in the 
        case of a deemed hospital (as described in subparagraph (B)), 
        the Secretary shall increase all payments for all services 
        provided under this title by such deemed hospital (including 
        in-patient, out-patient, skilled nursing facility, home health 
        agency, hospice, and end-stage renal disease, and other covered 
        services provided by such deemed hospital) by 10 percent for a 
        period of five fiscal years, subject to the conditions under 
        paragraph (6).
            ``(B) A deemed hospital referred to in subparagraph (A) is 
        a hospital that--
                    ``(i) is located in a Metropolitan Statistical Area 
                that, during fiscal years 1999, 2000, and 2001, had an 
                area wage index value which, before the application of 
                section 4410 of the Balanced Budget Act of 1997 (Public 
                Law 105-33) is lower than the wage index applicable to 
                hospitals located in rural areas in the State in which 
                the hospital is located,
                    ``(ii) is located in a Metropolitan Statistical 
                Area that is contiguous to at least two other 
                Metropolitan Statistical Areas, and
                    ``(iii) is located in a Metropolitan Statistical 
                Area where, for cost reporting periods beginning during 
                fiscal year 1997, all hospitals in that Metropolitan 
                Statistical Area had, on an aggregate basis, a 
                medicare-eligible beneficiary patient discharge 
                percentage exceeding 40 percent.
            ``(6)(A) Within one year of receiving deemed status and 
        increased payments under this title by reason of paragraph (5), 
        each hospital in the Metropolitan Statistical Area, either 
        individually or (notwithstanding any other provision of law) 
        cooperatively, shall submit to the Secretary an economic 
        recovery plan for long-range (post-deemed status) financial 
        viability. The Secretary shall offer assistance in the 
        development of such plan or plans.
            ``(B) Such plan may include capital payments and operating 
        payments to--
                    ``(i) right-size capacity,
                    ``(ii) coordinate and share high cost services,
                    ``(iii) ensure a viable regional emergency room 
                network and access,
                    ``(iv) convert unused acute care beds to skilled 
                nursing facility, intermediate care facility, or 
                assisted living facility support facility beds,
                    ``(v) assist in the conversion of unused acute care 
                beds to psychiatric, long-term care, or rehabilitation 
                care hospital beds as are determined by the hospital to 
                be in short supply, and
                    ``(vi) such other adjustments to the current acute 
                care hospital facility as shall ensure the long-term 
                economic viability of the facility and the continuation 
                of essential health care services to the community.
            ``(C) The Secretary shall review such economic recovery 
        plans, provide assistance in the improvement and modification 
        of such plans, and within one year of receipt of a plan which 
        the Secretary determines has a reasonable opportunity of 
        ensuring the long-term viability of the facility or facilities, 
        the Secretary shall further increase the payment increases 
        under paragraph (5) by such additional amount as to ensure the 
        successful completion of the economic recovery plan or plans 
        under this paragraph.
            ``(7) Notwithstanding any other provision of law, the 
        additional payments made to deemed hospitals under paragraphs 
        (5) and (6) shall not result in payment reductions to any 
        hospital or provider under this title.''.
                                 <all>
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