I 

116TH CONGRESS 

1ST SESSION H. R. 1901 

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

rehabilitation innovation centers under the Medicare program. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2019 

Mr. OLSON (for himself, Ms. SCHAKOWSKY, Ms. KELLY of Illinois, Mr. MICHAEL F. DOYLE of Pennsylvania, and Mr. FOSTER) introduced the following bill; which was referred to the Committee on Ways and Means, 

and in addition to the Committee on Energy and 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 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 2019’’. 


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1 SEC. 2. PRESERVING ACCESS TO REHABILITATION INNOVA2 TION CENTERS UNDER MEDICARE. 

3 Section 1886(j)(7)(E) of the Social Security Act (42 

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

5 (1) by striking ‘‘PUBLIC AVAILABILITY OF DATA

6 SUBMITTED.—The’’ and inserting ‘‘PUBLIC AVAIL7 ABILITY OF DATA SUBMITTED.— 

8 ‘‘(i) IN GENERAL.—The’’; and 

9 (2) by inserting after clause (i), as redesignated 

10 by paragraph (1), the following new clauses: 

11 ‘‘(ii) PUBLIC RECOGNITION OF REHA12 BILITATION INNOVATION CENTERS.—Be13 ginning not later than one year after the 

14 date of the enactment of this clause, the 

15 Secretary shall make publicly available on 

16 such Internet website, in addition to the 

17 information required to be reported on 

18 such website under clause (i), a list of all 

19 rehabilitation innovation centers, and shall 

20 update such list on such website not less 

21 frequently than biennially. 

22 ‘‘(iii) REHABILITATION INNOVATION

23 CENTERS DEFINED.—For purposes of 

24 clause (ii), the term ‘rehabilitation innova25 tion centers’ means a rehabilitation facility 

26 that, as of the applicable date (as defined 


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1 in clause (vi), is a rehabilitation facility de2 scribed in either clause (iv) or (v). 

3 ‘‘(iv) NOT-FOR-PROFIT.—A rehabilita4 tion facility described in this clause is a re5 habilitation facility that— 

6 ‘‘(I) is classified as a not-for7 profit entity under the IRF Rate Set8 ting File for the Inpatient Rehabilita9 tion Facility Prospective Payment 

10 System for Federal Fiscal Year 2016 

11 (80 Fed. Reg. 47036), or any suc12 cessor regulations that contain such 

13 information; 

14 ‘‘(II) holds, as of the applicable 

15 date at least one Federal rehabilita16 tion research and training designation 

17 for research projects on traumatic 

18 brain injury, spinal cord injury, or 

19 stroke rehabilitation research from the 

20 National Institute on Disability, Inde21 pendent Living, and Rehabilitation 

22 Research at the Department of 

23 Health and Human Services, based on 

24 such data submitted to the Secretary 


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1 by a facility, in a form, manner, and 

2 time frame specified by the Secretary; 

3 ‘‘(III) has a minimum Medicare 

4 estimated weight per discharge of 

5 1.1144 for the most recent fiscal year 

6 for which such information is avail7 able according to the IRF Rate Set8 ting File described in subclause (I), or 

9 any successor regulations that contain 

10 such information; and 

11 ‘‘(IV) is determined by the Sec12 retary based upon such data sub13 mitted to the Secretary by the facility 

14 with respect to the most recent year 

15 for which such information is avail16 able as the Secretary may require, to 

17 have had at least 300 Medicare dis18 charges in a year. 

19 ‘‘(v) GOVERNMENT-OWNED.—A reha20 bilitation facility described in this clause is 

21 a rehabilitation facility that— 

22 ‘‘(I) is classified as a Govern23 ment-owned institution under the IRF 

24 Rate Setting File described in clause 


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1 (iv)(I), or any successor regulations 

2 that contain such information; 

3 ‘‘(II) holds, as of the applicable 

4 date, at least one Federal rehabilita5 tion research and training designation 

6 for research projects on traumatic 

7 brain injury, spinal cord injury, or 

8 stroke rehabilitation research from the 

9 National Institute on Disability, Inde10 pendent Living, and Rehabilitation 

11 Research at the Department of 

12 Health and Human Services, as deter13 mined based on such data submitted 

14 to the Secretary by the facility as the 

15 Secretary may require (and in a form, 

16 manner, and time frame specified by 

17 the Secretary); 

18 ‘‘(III) has a minimum Medicare 

19 estimated weight per discharge of 

20 1.1144 for the most recent fiscal year 

21 for which such information is avail22 able according to the IRF Rate Set23 ting File described in clause (iv)(I), or 

24 any successor regulations that contain 

25 such information; and 


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1 ‘‘(IV) has a Medicare dispropor2 tionate share hospital (DSH) percent3 age of at least 0.6300 for the most re4 cent fiscal year for which such infor5 mation is available according to the 

6 IRF Rate Setting File described in 

7 clause (iv)(I), or any successor regula8 tions that contain such information. 

9 ‘‘(vi) APPLICABLE DATE DEFINED.— 

10 For purposes of clauses (iii), (iv), and (v), 

11 the term ‘applicable date’ means— 

12 ‘‘(I) with respect to the initial 

13 publication of a list under clause (ii), 

14 the date of the enactment of such 

15 clause; and 

16 ‘‘(II) with respect to the publica17 tion of an updated list under clause 

18 (ii), a date specified by the Secretary 

19 that is not more than 1 year prior to 

20 the date of such publication. 

21 ‘‘(vii) IMPLEMENTATION.—Notwith22 standing any other provision of law the 

23 Secretary may implement clauses (ii) 

24 through (vi) by program instruction or oth25 erwise. 


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1 ‘‘(viii) NONAPPLICATION OF PAPER2 WORK REDUCTION ACT.—Chapter 35 of 

3 title 44, United States Code, shall not 

4 apply to data collected under clauses (ii) 

5 through (v). 

6 ‘‘(ix) STUDY AND REPORT.—Not later 

7 than March 15, 2021, and as determined 

8 necessary by the Medicare Payment Advi9 sory Commission as part of subsequent an10 nual reports under section 1805(b)(1)(C), 

11 the Commission shall submit to Congress a 

12 report analyzing the most recent three 

13 years of cost report data available for all 

14 rehabilitation innovation centers (as de15 fined in clause (ii)) and assess the ade16 quacy of payments to such innovation cen17 ters for inpatient rehabilitation services 

18 under this title. Any report submitted 

19 under the preceding sentence shall include 

20 recommendations for such legislation and 

21 administrative action as the Commission 

22 determines appropriate.’’. 

Æ 


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