I 

114TH CONGRESS 

1ST SESSION H. R. 1784 

To enable hospital-based nursing programs that are affiliated with a hospital 

to maintain payments under the Medicare program to hospitals for the 

costs of such programs. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 14, 2015 

Ms. JENKINS of Kansas (for herself, Mr. TONKO, Mr. KINZINGER of Illinois, 

and Mr. RANGEL) introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To enable hospital-based nursing programs that are affiliated 

with a hospital to maintain payments under the Medicare 

program to hospitals for the costs of such programs. 

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 ‘‘Making the Education 

5 of Nurses Dependable for Schools Act’’ or the ‘‘MEND 

6 Act’’. 


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1 SEC. 2. ENABLING HOSPITAL-BASED NURSING PROGRAMS 

2 THAT ARE AFFILIATED WITH A HOSPITAL TO 

3 MAINTAIN MEDICARE PAYMENTS FOR THE 

4 COSTS OF SUCH PROGRAMS. 

5 (a) IN GENERAL.—For purposes of clarifying the 

6 methodology for payment under the Medicare program 

7 under title XVIII of the Social Security Act (42 U.S.C. 

8 1395 et seq.) to providers for the costs of nursing and 

9 allied health education activities for cost reporting periods 

10 beginning on or after the date of the enactment of this 

11 Act, the Secretary of Health and Human Services shall 

12 apply section 413.85 of title 42, Code of Federal Regula13 tions— 

14 (1) by treating a provider as meeting all of the 

15 requirements described in paragraph (f)(1) of such 

16 section if the provider or a wholly owned subsidiary 

17 educational institution of such provider singly or col18 lectively meets all of such requirements; 

19 (2) in the case of a provider that would meet 

20 the requirements of paragraph (g)(3) of such sec21 tion, with respect to a nursing or allied health edu22 cation program, except that the transfer described in 

23 such paragraph of such a program to a wholly 

24 owned subsidiary educational institution in order to 

25 meet accreditation standards occurred after October 

26 1, 2003, by treating such provider as meeting the 


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1 requirements of such paragraph (and eligible for 

2 payments under such paragraph) with respect to 

3 such program; 

4 (3) in the case of a provider or wholly owned 

5 subsidiary educational institution of such provider 

6 that has been in continuous operation since October 

7 1, 2003, by treating such provider, beginning as of 

8 such date with respect to such program, as described 

9 in paragraphs (1) and (2) of this subsection; and 

10 (4) by defining the term ‘‘wholly owned sub11 sidiary educational institution’’, as referenced in 

12 such section, as such term is defined under sub13 section (b). 

14 (b) DEFINITIONS.—For purposes of this section: 

15 (1) PROVIDER.—The term ‘‘provider’’ has the 

16 meaning given such term in section 400.202 of title 

17 42, Code of Federal Regulations. 

18 (2) WHOLLY OWNED SUBSIDIARY EDUCATIONAL

19 INSTITUTION.—The term ‘‘wholly owned subsidiary 

20 educational institution’’ means, with respect to a 

21 provider, an educational institution that— 

22 (A) is organized as a legal entity distinct 

23 from the provider; 

24 (B) has the provider as its sole owner or 

25 sole member; and 


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1 (C) is organized in the same State in 

2 which the provider is organized or registered to 

3 do business. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS