S. 2834 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the third day of January, two thousand and twenty two 

An Act 

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

innovation centers under the Medicare program. 

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 ‘‘Dr. Joanne Smith Memorial 

Rehabilitation Innovation Centers Act of 2022’’. 

SEC. 2. PRESERVING ACCESS TO REHABILITATION INNOVATION CENTERS UNDER MEDICARE. 

(a) IN GENERAL.—Section 1886(j)(7)(E) of the Social Security 

Act (42 U.S.C. 1395ww(j)(7)(E)) is amended— 

(1) by striking ‘‘PUBLIC AVAILABILITY OF DATA SUBMITTED.— 

The’’ and inserting ‘‘PUBLIC AVAILABILITY OF DATA SUBMITTED.— 

‘‘(i) IN GENERAL.—The’’; and 

(2) by inserting after clause (i), as redesignated by paragraph (1), the following new clauses: 

‘‘(ii) PUBLIC RECOGNITION OF REHABILITATION

INNOVATION CENTERS.—Beginning not later than 18 

months after the date of the enactment of this clause, 

the Secretary shall make publicly available on such 

Internet website, in addition to the information 

required to be reported on such website under clause 

(i), a list of all rehabilitation innovation centers, and 

shall update such list on such website not less frequently than biennially. 

‘‘(iii) REHABILITATION INNOVATION CENTERS

DEFINED.—For purposes of clause (ii), the term 

‘rehabilitation innovation centers’ means a rehabilitation facility that, as of the applicable date (as defined 

in clause (v)), is a rehabilitation facility described in 

clause (iv). 

‘‘(iv) REHABILITATION FACILITY DESCRIBED.— 

‘‘(I) IN GENERAL.—Subject to subclause (II), 

a rehabilitation facility described in this clause 

is a rehabilitation facility that— 

‘‘(aa) is classified as a rehabilitation 

facility under the IRF Rate Setting File for 

the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 

2019 (83 Fed. Reg. 38514), or any successor 

regulations that contain such information; 
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‘‘(bb) holds at least one Federal rehabilitation research and training designation for 

research projects on traumatic brain injury 

or spinal cord injury from the National 

Institute on Disability, Independent Living, 

and Rehabilitation Research at the Department of Health and Human Services, based 

on such data submitted to the Secretary by 

a facility, in a form, manner, and time frame 

specified by the Secretary; 

‘‘(cc) submits to the Secretary a description of the clinical research enterprise of the 

facility and a summary of research activities 

of the facility that are supported by Federal 

agencies; 

‘‘(dd) has a minimum Medicare estimated 

average weight per discharge of 1.20 for the 

most recent fiscal year for which such information is available according to the IRF Rate 

Setting File described in item (aa), or any 

successor regulations that contain such 

information; and 

‘‘(ee) has a minimum teaching status of 

0.075 for the most recent fiscal year for which 

such information is available according to the 

IRF Rate Setting File described in item (aa), 

or any successor regulations that contain such 

information. 

‘‘(II) WAIVER.—The Secretary may, as determined appropriate, waive any of the requirements 

under items (aa) through (ee) of subclause (I). 

‘‘(v) APPLICABLE DATE DEFINED.—For purposes of 

clauses (iii) and (iv), the term ‘applicable date’ means— 

‘‘(I) with respect to the initial publication of 

a list under clause (ii), the date of the enactment 

of such clause; and 

‘‘(II) with respect to the publication of an 

updated list under clause (ii), a date specified by 

the Secretary that is not more than one year prior 

to the date of such publication. 

‘‘(vi) IMPLEMENTATION.—Notwithstanding any 

other provision of law the Secretary may implement 

clauses (ii) through (v) by program instruction or otherwise. 

‘‘(vii) NONAPPLICATION OF PAPERWORK REDUCTION

ACT.—Chapter 35 of title 44, United States Code, shall 

not apply to data collected under clauses (ii) through 

(v).’’. 

(b) REPORT.—Not later than 3 years after the date of the 

enactment of this Act, the Secretary of Health and Human Services— 

(1) shall submit to Congress a report containing any recommendations on action as the Secretary determines appropriate to preserve access to rehabilitation innovation centers 

(as defined in section 1886(j)(7)(E)(iii) of the Social Security 

Act, as added by subsection (a)); and 
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(2) may, in the report described in paragraph (1), as permitted by law, disseminate research, best practices, and other 

clinical information identified or developed by such rehabilitation innovation centers, as determined appropriate by the Secretary. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.