II 

115TH CONGRESS 

1ST SESSION S. 2204 

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 

DECEMBER 7, 2017 

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 2017’’. 

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.—Not 

9 later than one year after the date of the 

10 enactment of this clause, the Secretary 

11 shall make publicly available on such Inter12 net website, in addition to the information 

13 required to be reported on such website 

14 under clause (i), a list of all rehabilitation 

15 innovation centers. 

16 ‘‘(iii) REHABILITATION INNOVATION

17 CENTERS DEFINED.—For purposes of 

18 clause (ii), the term ‘rehabilitation innova19 tion centers’ means a rehabilitation facility 

20 that, as of the date of the enactment of 

21 this clause, is a rehabilitation facility de22 scribed in either clause (iv) or (v). 

23 ‘‘(iv) NOT-FOR-PROFIT.—A rehabilita24 tion facility described in this clause is a re25 habilitation facility that— 


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1 ‘‘(I) is classified as a not-for2 profit entity under the IRF Rate Set3 ting File for the Inpatient Rehabilita4 tion Facility Prospective Payment 

5 System for Federal Fiscal Year 2016 

6 (80 Fed. Reg. 47142); 

7 ‘‘(II) holds at least one Federal 

8 rehabilitation research and training 

9 designation for research projects on 

10 traumatic brain injury, spinal cord in11 jury, or stroke rehabilitation research 

12 from the National Institute on Dis13 ability, Independent Living, and Re14 habilitation Research at the Depart15 ment of Health and Human Services, 

16 based on such data submitted to the 

17 Secretary by a facility, in a form, 

18 manner, and time frame specified by 

19 the Secretary; 

20 ‘‘(III) has a minimum Medicare 

21 estimated weight per discharge of 

22 1.1144 for fiscal year 2016 according 

23 to the IRF Rate Setting File de24 scribed in subclause (I); and 


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1 ‘‘(IV) is determined by the Sec2 retary, based upon such data sub3 mitted by the facility to the Secretary 

4 as the Secretary may require, to have 

5 had at least 300 Medicare discharges 

6 in a year. 

7 ‘‘(v) GOVERNMENT-OWNED.—A reha8 bilitation facility described in this clause is 

9 a rehabilitation facility that— 

10 ‘‘(I) is classified as a Govern11 ment-owned institution under the IRF 

12 Rate Setting File described in clause 

13 (iv)(I); 

14 ‘‘(II) holds at least one Federal 

15 rehabilitation research and training 

16 designation for research projects on 

17 traumatic brain injury, spinal cord in18 jury, or stroke rehabilitation research 

19 from the National Institute on Dis20 ability, Independent Living, and Re21 habilitation Research at the Depart22 ment of Health and Human Services, 

23 as determined based on such data 

24 submitted to the Secretary by the fa25 cility as the Secretary may require 


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1 (and in a form, manner, and time 

2 frame specified by the Secretary); 

3 ‘‘(III) has a minimum Medicare 

4 estimated weight per discharge of 

5 1.1144 according to the IRF Rate 

6 Setting File described in clause 

7 (iv)(I); and 

8 ‘‘(IV) has a Medicare dispropor9 tionate share hospital (DSH) percent10 age of at least 0.6300 according to 

11 the IRF Rate Setting File described 

12 in clause (iv)(I). 

13 ‘‘(vi) IMPLEMENTATION.—Notwith14 standing any other provision of law the 

15 Secretary may implement clauses (ii) 

16 through (v) by program instructions or 

17 otherwise. 

18 ‘‘(vii) NONAPPLICATION OF PAPER19 WORK REDUCTION ACT.—Chapter 35 of 

20 title 44, United States Code, shall not 

21 apply to data collected under this clause. 

22 ‘‘(viii) STUDY.—Not later than 18 

23 months after the date of the enactment of 

24 this clause, the Medicare Payment Advi25 sory Commission established under section 


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1 1805 shall submit to Congress a report 

2 analyzing the most recent three years of 

3 cost report data available for all rehabilita4 tion innovation centers (as defined in 

5 clause (ii)) and assess the payment ade6 quacy for such innovation centers under 

7 the Medicare program.’’. 

Æ 


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