I 

111TH CONGRESS 

1ST SESSION H. R. 2753 

To delay the implementation of new Medicare hospital geographic wage reclassification criteria until the Secretary of Health and Human Services 

issues a proposal to revise the hospital wage index classification system 

that addresses certain considerations. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2009 

Mr. BERRY introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To delay the implementation of new Medicare hospital geographic wage reclassification criteria until the Secretary 

of Health and Human Services issues a proposal to revise 

the hospital wage index classification system that addresses certain considerations. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. NO APPLICATION OF REVISED MEDICARE AV4 ERAGE HOURLY WAGE COMPARISON RECLAS5 SIFICATION CRITERIA. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, the Secretary of Health and Human Services 


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1 (in this section referred to as the ‘‘Secretary’’) shall not 

2 apply, during the period described in subsection (b), the 

3 changes contained in the final rule published on August 

4 19, 2008, on pages 48,434 through 49,083 of volume 73, 

5 Federal Register, to the average hourly wage comparison 

6 reclassification criteria described in sections 

7 412.230(d)(1)(iv), 412.232(c), and 412.234(b) of title 42, 

8 Code of Federal Regulations, to a subsection (d) hospital 

9 (as defined for purposes of section 1886 of the Social Se10 curity Act (42 U.S.C. 1395ww)) seeking reclassification 

11 of its wage index for purposes of such section during such 

12 period. 

13 (b) SUSPENSION PERIOD.—The period described in 

14 this subsection begins on October 1, 2008, and ends on 

15 the first day of the first fiscal year that begins 1 year 

16 after the Secretary has published in the Federal Register 

17 a proposal (or proposals) that considers the matters de18 scribed in subparagraphs (A) through (I) of section 

19 106(b)(2) of division B of the Tax Relief and Health Care 

20 Act of 2006 (Public Law 109–432). 

21 (c) EFFECT ON RECLASSIFICATION DECISIONS.— 

22 Notwithstanding any other provision of law, in the case 

23 of a decision made by the Medicare Geographic Classifica24 tion Review Board under section 1886(d)(10) of the Social 

25 Security Act (42 U.S.C. 1395ww(d)(10)), during the peVerDate Nov 24 2008 21:57 Jun 09, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2753.IH H2753

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•HR 2753 IH

1 riod described in subsection (b), denying an application 

2 by a subsection (d) hospital (as so defined) for reclassifica3 tion of its wage index for purposes of such section during 

4 such period on the basis of the changes contained in the 

5 final rule published on August 19, 2008, on pages 48,434 

6 through 49,083 of volume 73, Federal Register, to the av7 erage hourly wage comparison reclassification criteria de8 scribed in sections 412.230(d)(1)(iv), 412.232(c), and 

9 412.234(b) of title 42, Code of Federal Regulations, the 

10 Board shall reissue the decision as if such changes were 

11 not in effect. 

12 (d) CLARIFICATION REGARDING APPLICATION OF

13 BUDGET NEUTRALITY.—The Secretary shall, in accord14 ance with paragraph (8)(D) of section 1886(d) of the So15 cial Security Act (42 U.S.C. 1395ww(d)), make a propor16 tional adjustment in the standardized amounts determined 

17 under paragraph (3) of such section for a fiscal year to 

18 assure that the provisions of this section do not result in 

19 aggregate payments under such section 1886(d) that are 

20 greater or less than those that would otherwise be made 

21 during the fiscal year. 

Æ 


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