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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2834 Engrossed in Senate (ES)]

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117th CONGRESS
  2d Session
                                S. 2834

_______________________________________________________________________

                                 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;
                                            ``(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
            (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.

            Passed the Senate December 8, 2022.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                                S. 2834

_______________________________________________________________________

                                 AN ACT

 To amend title XVIII of the Social Security Act to preserve access to 
     rehabilitation innovation centers under the Medicare program.
```